THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.13724 OF 2025

ORDER :

This criminal petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 by the petitioners/A.2 to A.5 seeking anticipatory bail in connection with Crime No.359 of 2025 of Narsampet Police Station, Warangal District. The offences alleged against the petitioner are under Sections 329 (4), 118(1), 296(b), 351(2) r/w.3(5) of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’).

2. The case of the prosecution is that the de facto complainant lodged a report with the police on 18.09.2025, stating that he owned a house on Vallabh Nagar Main Road and doing business by renting iron boxes. A.1 had purchased the house belonging to the complainant’s elder brother and was living there with his second wife. Allegedly, with the intention of occupying the complainant’s house, A.1 accused the complainant’s younger son of knocking on their door at night, abusing, and threatening them. Based on this, A.1 to A.5 allegedly trespassed into the complainant’s house, verbally abused his family in filthy language, and assaulted them using iron rods. The complainant sustained injuries to his left ear, chest, and back; his wife suffered injuries to her forehead, shoulder, and upper body; and his sons were also injured. The complainant requested the police to take appropriate action against all the accused. Based on the complaint, the police registered a case against the accused.

3. Heard Sri Veera Babu Gandu, learned counsel for the petitioners and Sri D. Arun Kumar, learned Additional Public Prosecutor for the respondent-State.

4. The contention of learned counsel for the petitioners is that there are no specific allegations or overt acts attributed to the petitioners herein. They claimed to be falsely implicated and pointed out that the alleged offences are punishable with imprisonment of less than seven years. They also submitted that the investigating officer had not issued a notice under Section 35(3) of BNSS. Therefore, they requested the Court to grant bail by allowing this criminal petition.

5. On the other hand, learned Additional Public Prosecutor opposed bail on the ground that the complainant sustained grievous injuries, as such, section of law was altered from Sections 329(4), 118(1), 296(b), 351(2) r/w.3(5) to Sections 118(2), 329(4), 296(b), 351(2) r/w.3(5) of BNS which is punishable with more than seven years and there are specific allegations against these petitioners. Against A.2 another crime is registered and against A.5 two other crimes are registered for the same allegations and the investigation is not yet completed. If petitioners are granted bail, they may threaten the witnesses and may not cooperate with the investigation. As such, requested this Court not to grant bail to the petitioners and to dismiss this petition.

6. Considering the submissions made by both the counsel and the material placed on record, there are four injured persons. One of them has sustained grievous injuries and the other three sustained simple injuries. There are no changed circumstances from the earlier bail application to the present bail application. As there are clear allegations against these petitioners in the complaint and further A.2 and A.5 are also having past crime history this Court is not inclined to grant bail to the petitioners and the same is liable to be dismissed.

7. Accordingly, the Criminal Petition is dismissed.

Miscellaneous petitions, if any, pending shall stand closed.

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K. SUJANA, J Date :04.11.2025

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THE HON’BLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.13724 OF 2025 DATE :04.11.2025

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