THE HON’BLE SRI JUSTICE J.SREENIVAS RAO CRIMINAL PETITION No.6914 of 2025

ORDER

This Criminal Petition is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’) by the petitioner/accused No.5, seeking anticipatory bail in connection with Crime No.107 of 2025 on the file of the Musheerabad Police Station, Hyderabad registered for the offences punishable under Sections 109, 74, 333, 324(4), 351(3) r/w 191(3) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’).

2. Heard Sri Mohd.Ashraf Ali, learned counsel for the petitioner and Sri Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for respondent-State.

3. The case of prosecution in brief is that on 18.04.2025 at about 06-00 hours the de-facto complainant lodged a complaint with the police stating that they have been residing at Siddique Nagar, Bholakpur, Musheerabad for the past 40 years. They are six sisters and nine brothers. There is a house next to their house in their basti, which belongs to one person by name Khalil, who rented it out and the remaining houses in the basti belong to Khalil's relatives. He has been threatening them for many days to sell their house and when they did not agree, he held a grudge against them and fought with them many times over the matter and threatened to kill them. Similarly, Khalil's family members were also threatened. However, they are currently building another house opposite their house, by seeing this Khalil unable to bear it and on 17. 04. 2025, at 09:30 pm, as per his plan he came to their basti and started arguing with the worker at the newly constructing house, cursed and said that if you do not vacate from there, they will surely die. Within no time his family members Salim, Akram, Aslam, Aleem and relatives Zubair, Waheed, Hamid, Faisal, Jabber, Aijaz entered in to their house by breaking the main door force fully along with iron rods, sticks and bricks, terrorized them and beat up the ladies and damaged the CCTV cameras. They attacked on everyone in the house and in that attack her Brother Shaikh Noor Uddin, her sister Bushra, her Brother Shaikh Abdul Rabi, her sister Naseem Begum and her sister Bibi Umra have sustained grievous injuries. Basing on the same, the present crime was registered for the aforesaid offences.

4. Learned counsel for the petitioner submitted that the petitioner has not committed any offence and he was falsely implicated in the present crime. He further submitted that the petitioner has sustained injuries in the hands of the de-facto complainant. At the instance of the petitioner and others, a complaint was lodged before the very same police station and basing on the same, a Crime No.108 of 2025 was registered on the same day. He further submitted that even according to the allegations made in the complaint, there are specific allegations levelled against the petitioner to attract the ingredients of Section 109 of BNS. He also submitted that the petitioner is eking out his livelihood by doing scrap business and he is not having any criminal antecedents. The petitioner is ready and willing to cooperate with the investigation and he will abide by the conditions, which are going to be imposed by this Court. He also submitted that the very same allegations are levelled against accused No.2 and he was arrested and enlarged on bail vide order dated 23.05.2025 in Crl.M.P.No.2392 of 2025 on the file of the IV Additional Sessions Judge at Hyderabad. Hence, the petitioner is entitled for grant of anticipatory bail.

5. Per contra, learned Additional Public Prosecutor submitted that the petitioner has committed a grave offence and the victim has sustained grievous injuries and the investigation is under progress and at this stage, if the petitioner is granted anticipatory bail, he will interfere with the investigation and influence the witnesses. Hence, the petitioner is not entitled for grant of anticipatory bail.

6. Having considered the rival submissions made by th