THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.6016 of 2025

ORDER:

This Criminal Petition is filed under Sections 480 and

483 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short ‘BNSS’) seeking bail to the petitioner/accused No.1 in Crime No.45 of 2024 on the file of the P.S. Noothankal, Suryapet District, registered for the offences punishable under Sections 189(2), 191(2), 191(3), 61(2) and 103(2) r/w

190 of Bharatiya Nyaya Sanhita (BNS), 2023.

2. The case of the prosecution is that on 17.03.2025, the 4th daughter of the deceased lodged a complaint stating about 15 years ago her father elected as village sarpanch from Congress I Party and husband of third sister also worked together with her father in the same party. Due to some controversies between them in TRS party, her father again joined Congress I Party. When auction was going on for temple land in the premises of Grampanchayath, A1 and his henchmen picked up quarrel with her father and beat him. There were police cases between them. On 17.03.2025 in the evening hours at about 4.00 hours her father was coming to house2. The case of the prosecution is that on 17.03.2025, the 4th daughter of the deceased lodged a complaint stating about 15 years ago her father elected as village sarpanch from Congress I Party and husband of third sister also worked together with her father in the same party. Due to some controversies between them in TRS party, her father again joined Congress I Party. When auction was going on for temple land in the premises of Grampanchayath, A1 and his henchmen picked up quarrel with her father and beat him. There were police cases between them. On 17.03.2025 in the evening hours at about 4.00 hours her father was coming to housefrom the agriculture land, on the way when he reached at the agriculture land of Konda Linge the henchmen of A1 attacked on her father with deadly weapons i.e. axes and sticks with an intention to kill him put a mask on his face and slashed strongly on his head, legs and right hand. At that time, while Velpula Mahesh and Velpula Ravi who were nearby grazing sheep saw and raised cries, they all escaped from there. While Velpula Ravi informed Daripelli Veeranna about this matter over mobile phone, Veeranna and some other villagers went to her father, shifted him in Car up to Epoor village, from there shifted in an Ambulance to Govt. Hospital Suryapet for treatment where the duty doctor observed her father died. Basing on the same a case was registered in Crime No.45 of 2025.

3. Heard Mr.C.Hari Preeth, learned counsel for the petitioner and Mr.D. Arun Kumar, learned Additional Public Prosecutor for the respondent-State.

4. Learned counsel for the petitioner submitted that the petitioner has not committed the offence and he was falsely implicated in the above crime, due to political rivalry in the village. He further submitted that even according to the allegations made in the complaint, the ingredients of Section 103(2) of BNS are not attracted against the petitioner. He further submitted that the petitioner was arrested on 24.03.2025 and since then he is in judicial custody and entire investigation is completed, except filing of charge sheet. He further submitted that the petitioner shall abide by the conditions, which are going to be imposed by this Court, and he is ready to cooperate with the investigation, if any. Hence, the petitioner may be enlarged on bail.

5. Per contra, learned Additional Public Prosecutor submitted that there are specific allegations are levelled against the petitioner and other accused that they have committed murder of the deceased and the investigation is under progress and if the petitioner is granted bail at this stage, he may tamper with the evidence and may threaten the witnesses, and 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 there are speci