THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.7953 of 2025

ORDER:

This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short ‘BNSS’) seeking anticipatory bail to the petitioners/accused Nos.3 to 5 in Crime No.114 of 2025 on the file of Bodhan Rural Police Station, Nizamabad District, registered for the offences punishable under Sections 316 (2) and 318 (4) r/w. 3 (5) of Bharatiya Nyaya Sanhitha, 2023 (for short ‘BNS’).

2. The case of the prosecution is that on 22.04.2025 at 16:00 hours the complainant/ Bodhanampati Srinivasarao came to the Police Station and lodged a complaint stating that on 24.10.2024 1) Ramesh Naidu, 2) Suresh, 3) Prasad, 4) Sridhar and 5) Sannu @ Surjith have come to complainant through Yerravar Balaji R/o. Varni, they introduced themselves as they are running Chandradara Rice Mill in Karnataka at Thumukuru District and by knowing that they are buying paddy since some years in Bodhan, complainant himself sent paddy of his crops worth of Rs.23,00,000/- in their Lorries, they told that they will give money in a week and they took away his paddy along with 1) Yaddeti Sailu R/o, Peddamavandi, 2) Shaik Shadulla R/o. Raikur Camp paddy also, they asked about the money to the owners but they are not responding in positive way, he went to Thumukuru district of 3 times but the said persons sent return by saying different reasons.

3. Heard Mr.Katika Ravinder Reddy, learned counsel for the petitioners and Mr.Syed Yasar Mamoon, learned Additional Public Prosecutor for the respondent-State.

4. Learned counsel for the petitioners submitted that the petitioners have not committed the offences and have been falsely implicated in the above crime. Even according to the allegations made in the complaint, allegations are levelled against other accused. Initially the crime was registered for the offences under Sections 316 (2) and 318 (4) of BNS. Later, the police included Section 316 (5) of BNS, with an intention to harass the petitioners and to avoid the procedure as contemplated under Section 35(3) of BNSS and the guidelines issued by the Hon’ble Apex Court in Arnesh Kumar Vs. State of Bihar, 1(2014) 8 SCC 273. He further submitted that the petitioners are not having any other criminal antecedents and they are ready and willing to abide by the conditions which are going to be imposed by this Court and they are also ready to cooperate with the investigation. Hence, the petitioners may be enlarged on anticipatory bail.

5. Per contra, learned Additional Public Prosecutor submitted that the petitioners have committed a grave offence and there are specific allegations are levelled against the petitioners to attract the ingredients under Section 316 (5) of BNS. He further submitted that accused No.1 is the own brother of accused No.2 and accused No.2 belongs to Mysore of Karnataka State and he is doing paddy business. Accused No.3 is a father of accused No.2. Accused Nos.4 and 5 are friends of accused Nos.1 and 2 and they all together doing paddy business. In the month of October-November of 2024, the accused Nos.1 to 5 purchased paddy from the farmers of Saloora camp, Kadurki, Rampoor, Chinnamavandi, Peddamavandi, Rampoor, Bandarupally, Raikpur camp and its surrounding villagers through one Yerrawar Balaji, belongs to Varni Mandal and promised to farmers as they will pay money within one week to ten days, but they cheated the farmers by not paying the farmers. He further submitted that there are specific allegations levelled against the petitioners and investigation is under progress. Hence, prayed to dismiss the petition.

6. Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that Accused No.1 is the brother of Accused No.2, and Accused No.2 is a resident of Mysore, Karnataka State, where he is engaged in the paddy business. Accused No.3 is the father of Accused No.2. Accused Nos.4 an