The Hon’ble Sri Justice J.Sreenivas Rao Criminal Petition No.5279 of 2025

Order

:

This Criminal Petition is filed by the petitioner/accused No.1 seeking anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (for short ‘BNSS’), in connection with Crime No.231 of 2024 on the file of Station House Officer, Chaderghat Police Station, Hyderabad, registered for the offences punishable under Sections 302, 147, 148, 120-B, 109 read with 149 of the Indian Penal Code, 1860 (IPC) and Section 25(1B)(A) of the Indian Arms Act, 1959.

2. The brief facts of the case are that on 29.06.2024 at about 01:54 hours, the Inspector of Police, Chaderghat Police Station, received a complaint from the complainant to the effect that on 28.06.2024 at around 13:30 hours, his father went out along with his friend Syed Ali Habeeb Jafri and did not return till late night and when his mother called him over phone, he said that he would come after having dinner and later on 29.06.2024 at about 01:54 hours, his cousin called him and informed that his father was brutally killed with knifes at Malakpet Metro Station, Chaderghat, Hyderabad. He expressed his suspicion over the accused as eight days prior to the incident, his father informed him that he had financial dispute with accused No.3 in the aforesaid crime and he was threatened with dire consequences. Basing on the said complaint, the aforesaid crime was registered against the accused.

3. Heard Mr. Katika Ravinder Reddy, learned counsel for the petitioner/accused No.1 and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for the respondent/State.

4. Learned counsel for the petitioner submitted that the petitioner/accused No.1 has not committed any offence as alleged against him and in fact, at the time of the alleged incident, he was residing in Dubai by virtue of his employment and initially, his name was not mentioned in the FIR, but subsequently, based on the confession made by other accused, his name was arrayed as accused. He further submitted that the entire allegations are levelled against accused No.12, who is the main culprit, and the only allegation levelled against the petitioner is that he took amount from accused Nos.12 and 13 for implementing the plan of murder of the deceased. He further submitted that the investigating officer, after conducting investigation, filed the charge sheet and the same was numbered as PRC.No.425 of 2024 on the file of VIII Additional Chief Metropolitan Magistrate, Hyderabad, and accused No.12 in the aforesaid crime was already granted anticipatory bail vide order dated 28.08.2024 in Crl.P.No.9727 of 2024. He further submits that earlier, the petitioner approached this Court by filing Crl.P.No.2076 of 2025 for grant of anticipatory bail, but the said application was dismissed on 27.02.2025 on the ground that custodial interrogation is required. He further submits that even according to the prosecution, charge sheet has already been filed and custodial interrogation of the petitioner is no more required and prays to grant anticipatory bail to the petitioner/accused No.1 as he is ready and willing to cooperate with the investigation and abide by the conditions that may be imposed by this Court.

5. Per contra, learned Additional Public Prosecutor opposed the bail petition stating that the petitioner/accused No.1 has committed grave offence and specific allegations are levelled against him that he received an amount of Rs.10 lakhs from accused Nos.12 and 13 for implementing the plan of murder of the deceased and distributed the said amount to the other accused and committed the offence. He further submitted that the earlier bail application viz., Crl.P.No.2076 of 2025 was rightly dismissed by this Court by giving cogent reasons and there are no changed circumstances to file the present bail application and the petitioner is not entitled for grant of anticipatory bail.

6. Having considered the rival submissions made by learned counse