THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.5595 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 petitioners/accused Nos.24, 33 and 19 in Crime No.45 of 2025 on the file of the P.S. Noothankal, Suryapet, registered for the offences punishable under Sections 189(2), 191(2), 191(3), 61(2) and 103(2) r/w 190 of the Bharatiya Nyaya Sanhitha, 2023 (for short ‘BNS’).

2. The case of the prosecution is that on 17.03.2025, the 4^th 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 house from 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 petitioners and Mr.Syed Yasar Mamoon, learned Additional Public Prosecutor for the respondent-State.

4. Learned counsel for the petitioners submitted that subsequent to filing of this petition, petitioner No.1/accused No.24 was already enlarged on bail by the learned Principal District and Sessions Judge at Suryapet in Crl.M.P.No.103 of 2025, dated 28.04.2025. Hence, no further adjudication is required insofar as petitioner No.1/accused No.24 is concerned. Accordingly, criminal petition is dismissed as not pressed in respect of petitioner No.1/accused No.24.

5. Insofar as petitioner Nos.2 and 3/accused Nos.33 and 19 are concerned, learned counsel for the petitioners submitted that petitioner Nos.2 and 3/accused Nos.33 and 19 have not committed alleged offence and they were falsely implicated in the said crime, basing upon the confession statement of accused No.1 only. He further submitted that petitioner Nos.2 and 3/accused Nos.33 and 19 are not present at the time of alleged incident and the ingredients of Section 190 of BNS are not attracted against them. He further submitted that the petitioner Nos.2 and 3/accused Nos.33 and 19 were arrested on 25.03.2025 and since then they are in judicial custody and entire investigation is completed except filing of charge sheet. He further submitted that petitioner Nos.2 and 3/accused Nos.33 and 19 are not having any other criminal antecedents and they are ready to cooperate with the investigation and also ready to abide by the conditions, which are going to be imposed by this Court and hence, prayed for grant of bail.

6. Per contra, learned Additional Public Prosecutor submitted that petitioner Nos.2 and 3/accused Nos.33 and 19 have committed grave offence to attract Section 190 of BNS and there are specific allegations against the them that accused No.1 along with other accused hatched a plan to kill the deceased and investigation is under progress and if the petitioner Nos.2 and 3/accused Nos.33 and 19 are released on bail at this stage, they may tamper