THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No. 4681 of 2025

ORDER:

This Criminal Petition is filed under Section 480 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short ‘BNSS’) seeking bail to the petitioner/accused No.1 in Crime No.336 of 2024 on the file of the P.S. Mangalhat, Hyderabad, registered for the offences punishable under Section 307 r/w 34 of Indian Penal Code, 1860 (for short ‘IPC’).

2. The case of the prosecution is that on 08.06.2024, the complainant lodged a complaint, stating that on 07.06.2024, petitioner and other accused attacked him at Raheempura Ground. By seeing them, the complainant ran from there, but petitioner and other accused caught hold him from back side, petitioner beat him with Axe on his head. The complainant again escaped from the accused, started running in the streets of Raheempura and ran into one cellar of Ravinder Tent House, entered into a room and locked the door from inside. Petitioner and other accused also entered in the cellar and threatened him to come out and hit the door with axe. When the complainant ran out from the room, again the accused beat him on his stomach with axe and he received severe bleeding injury on his head. The attackers, allegedly motivated by previous grudges, beat the complainant, despite attempts by bystanders to intervene, the attackers continued their assault, as the accused suspects that the complainant is watching their illegal activities, they planned to eliminate him. Basing on the same, a case was registered in Crime No.336 of 2024.

3. Heard Mr.Umesh Singh, learned counsel for the petitioner and Mr.Syed Yasar Mamoon, 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. He further submitted that the present crime was registered on 08.06.2024 and petitioner was granted bail on 04.10.2024 in Crl.M.P.No.4473 of 2024, by the IX Additional Sessions Judge, Hyderabad, but again he was arrested on 14.12.2024, by cancelling his regular bail granted on 04.10.2024, even though the he is complying with all the conditions stipulated in order dated 04.10.2024. He further submitted that the investigating officers after conducting investigation filed charge sheet and the same was numbered as C.C.No.913 of 2024 on the file of the VII Additional Metropolitan Sessions Judge, Hyderabad and the same is coming up for examination of accused on

22.04.2025. He further submitted that petitioner shall not be detained for a prolonged period in judicial custody either for completion of investigation or filing of charge sheet by the prosecution. He further submitted that the petitioner is ready and willing to cooperate with the concerned Court for disposal of C.C.No.913 of 2024 and also the conditions which are going to be imposed by this Court. Hence, the petitioner may be enlarged on bail.

5. Per contra, learned Additional Public Prosecutor submitted that the petitioner has committed grave offence and the petitioner was granted bail on 04.10.2024 and after granting bail, he threatened the witness, hence the bail granted in his favour was cancelled. He further submitted that the petitioner approached this Court and filed Crl.P.No.3490 of 2025, seeking grant of bail on the same grounds which are pleaded in the present petition and the same was dismissed on 17.03.2025 and there are no changed circumstances. Hence, at this stage, the petitioner is not entitled for grant of bail.

6. Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that the petitioner violated the conditions imposed by the trial Court, while granting bail and subsequently the bail was cancelled and he is in judicial custody since 14.12.2024. Whereas the copy of instructions furnished by the learned Additional Public Prosecutor reveals that the petitioner is