The Hon’ble Sri Justice J.Sreenivas Rao Criminal Petition No.6763 of 2025

Order

:

This Criminal Petition is filed by the petitioner/accused under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking regular bail in Crime No.537 of 2024 of Balanagar Police Station, Cyberabad, registered for the offences punishable under Sections 103 & 109 of the Bharatiya Nyaya Sanhitha, 2023 (for short ‘BNS’).

2. Heard Mr. Prudhvi Raju, learned counsel representing Ms. G.Jyothsna Devi, learned counsel for the petitioner/accused and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for the respondent/State.

3. The case of the prosecution is that on 27.08.2024 at about 17:20 hours, the complainant filed a complaint stating that on 27.08.2024 at about 12:40 hours, while her husband and her mother-in-law went out of their house to bring the wheat grains kept for drying, the petitioner attacked them with an axe and iron rod keeping in view the previous disputes between their families regarding maintenance of Nalla Pochamma Temple and when the complainant and her father- in-law went to rescue them, the petitioner threatened them with dire consequences, and her husband and mother-in-law suffered severe bleeding injuries and immediately they shifted the injured to hospital for treatment, but her husband died and her mother-in-law is undergoing treatment in KIMS hospital. Basing on the said complaint, the aforesaid crime was registered against the petitioner for the aforesaid offences.

4. Learned counsel for the petitioner submits that the petitioner has not committed any offence and he was falsely implicated in the aforesaid crime. Learned counsel further submits that basing on the very same allegations, another crime viz., Crime Nos.538 of 2024 was registered against the petitioner on the file of Balanagar Police Station and the investigating officer, after conducting investigation, filed chargesheet and the same was numbered as P.R.C.No.125 of 2025 and the petitioner filed Crl.M.P.No.109 of 2025 for grant of bail, which was allowed vide order dated 09.04.2025 on the file of the III Additional District & Sessions Judge –cum- II Additional Metropolitan Sessions Judge, Medchal-Malkajgiri District at Kukatpally. He further submits that the petitioner is eking out his livelihood by working as auto driver and the entire family is dependent upon his income and in the present case, the petitioner was arrested on 28.10.2024 and since then he is in judicial custody and prays to grant bail to the petitioner as he is ready and willing to cooperate with the investigating officer for investigation and abide by the conditions that may be imposed by this Court.

5. Per contra, learned Additional Public Prosecutor submits that the petitioner/accused has committed grave offence under the provisions of Section 103 of BNS and he is also arrayed as accused in two other crimes viz., Crime No.408 of 2017 and 447 of 2023 of Balanagar Police Station and the police have also opened a rowdy sheet against him and the same is continuing till date and if the petitioner is granted bail, there is every chance of his committing similar offences. Hence, he prays to dismiss this criminal petition.

6. Having considered the rival submissions made by respective parties and on perusal of the material available on record, it reveals that there are serious allegations levelled against the petitioner and he is accused of killing two members of a family and he is also involved in two other crimes. According to the learned Additional Pubic Prosecutor, a rowdy sheet is opened against the petitioner and the same is continuing till date.

7. In view of the gravity of offence committed by the petitioner/accused and as serious allegations are levelled against him, this Court is not inclined to grant bail to the petitioner/accused.

8. Accordingly, the Criminal Petition is dismissed.

As a sequel, miscellaneous petitions, pending if any, stand closed.

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