Bail denied due to severity of allegations and ongoing investigation under BNS.

ORDER:

Seeking the Court to enlarge the petitioner who is arrayed as accused No.1 in Crime No.178 of 2025 of Suraram Police Station, Cyberabad, Medchal, on bail, the present Criminal Petition is filed.

2. The brief facts of the case are that the defacto complainant lodged a report before the Police stating that on 30.03.2025 and 31.03.2025 the petitioner along with others quarreled with the deceased Hemanth and the petitioner herein allegedly hit him with a stone, while CCL-2 beat him with a centering stick causing injuries that led to his death. Initially, the case was registered under Section 118(1) r/w 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short ‘ BNS ’) but after the death of deceased on 11.04.2025, the section of law was altered to Section 103 (1) BNS . The petitioner was arrested on 08.07.2025, remanded to judicial custody, and had been in custody for over 70 days. Investigation had been pending for more than five months, 22 witnesses were cited, and co-accused CCL-1 and CCL-2 were already released on bail.

3. Heard Sri G. Jithender Reddy, learned counsel appearing on behalf of the petitioner as well as Sri D. Arun Kumar, learned Additional Public Prosecutor appearing on behalf of the respondent – State.

4. Learned counsel for the petitioner submitted that petitioner is innocent, falsely implicated, and had nothing to do with the death of the deceased. He further submitted that the allegations were concocted, politically motivated, and based on false information furnished by the defacto complainant and no prima facie case under Section 103 (1) r/w 3(5) BNS was made out against the petitioner and that the investigation is almost completed except filing of charge sheet. Therefore, he prayed the Court to grant bail to the petitioner by allowing this criminal petition.

5. On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioner stating that the investigation is not yet completed, therefore, granting bail to the petitioner, at this stage, does not arise. Hence, he prayed the Court to dismiss the criminal petition.

6. After considering the submissions of both the counsel and on perusal of the material available on record, the petitioner herein is A.1 and the alleged offence against him is under Section 103 (1) r/w.3(5) of BNS . As seen from record, there are specific allegations and overt acts against this petitioner. Considering the severity of offence and gravity of allegations, at this stage, petitioner is not entitled for bail and this petition is liable to be dismissed.

7. Accordingly, the Criminal Petition is dismissed.