THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.4468 of 2025

ORDER:

This Criminal Petition is filed under Section 482 of the Bharatiya Nagarika Suraksha Sanhita, 2023 (for short, ‘BNSS’) seeking anticipatory bail to the petitioner/accused in Crime No.512 of 2024 of Madhapur Police Station, Cyberabad, registered for the offence punishable under Section 304 (II) of Indian Penal Code (for short ‘IPC’).

2. The case of prosecution in brief is that on 30.04.2024 the Police of Madhapur Police Station received a call from police control room at approximately 00-42 hours stating that a male person was found unconscious and bleeding from the head at Road No.14, Siddiquenagar, Madhapur and upon them police reached the spot and found an unknown person in unconscious state with head injuries. It is also said that they have admitted him in Area Hospital, Kondapur for treatment and later he was shifted to Osmania Hospital and on 03.05.2024 he died while undergoing treatment. Basing on the same, the present crime was registered.

3. Heard Mr. Bhagath Sain Bekkam, learned counsel for the petitioner and Mr.Syed Yasar Mamoon, learned Additional Public Prosecutor for the respondent-State.

4. Learned counsel for the petitioner/accused submitted that the petitioner has not committed the alleged offence and he was falsely implicated in the present crime. He further submitted that the petitioner himself informed to the police through ‘100’ about the victim who fell down with head injuries. The police, after lapse of more than one year, have impleaded the petitioner as accused basing on the alleged CC TV footage and the ingredients of Section of 304 (II) of IPC are not applicable to the petitioner. He further submitted that the petitioner is doing petty business and eking out his livelihood and his entire family is depending on his income only and that he is ready and willing to cooperate with the investigating officer for investigation and abide by the conditions that may be imposed by the Court.

5. Per contra, learned Additional Public Prosecutor submitted that the petitioner has committed a grave offence and the investigation is not yet completed and therefore, if the petitioner is granted anticipatory bail at this stage, there is every chance of his influencing the witnesses and interfering with the investigation.

Hence, he prays to dismiss this criminal petition.

6. Having considered the rival submissions made by respective parties and after perusal of the material available on record, it reveals that there are specific allegations against the petitioner to attract the ingredients of Section 304 (II) of IPC. Even according to the learned Additional Public Prosecutor, the investigation is under progress. Taking into consideration the facts and circumstances of the case and the gravity of the case, this Court is not inclined to grant bail to the petitioner at this stage.

7. Accordingly, the Criminal Petition is dismissed.

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

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J.SREENIVAS RAO, J Date: 04.04.2025.

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