THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No. 4493 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 in Crime No.23 of 2025 on the file of the P.S. Kanchanbagh, Hyderabad, registered for the offences punishable under Section 109 of BNS and Section 25(1-B) of Indian Arms Act, 1959.

2. The case of the prosecution is that on 20.02.2025, while the de- facto complainant, was going through Omer Colony, Hafeez Baba Nagar, the petitioner attacked him with a knife on his head, left hand and lower back, with an intention to kill him, for the reason that he refused to give lamb (a young sheep). Basing on the same, Crime No.23 of 2025 was registered.

3. Heard Mr.M.M.Ahmed Khan, 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 ingredients of Section 109 of BNS are not attracted against the petitioner and the petitioner was arrested on 21.02.2025 and since then he is in judicial custody. He further submitted that the entire investigation is completed, except filing of charge sheet and 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. Hence, the petitioner may be enlarged on bail.

5. Per contra, learned Additional Public Prosecutor submitted that the petitioner has committed grave offence and victim sustained grievous injuries and ingredients of Section 109 of BNS are applicable to the petitioner. He further submitted that petitioner is involved in ten other cases and investigation is in progress and 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 specific allegations levelled against the petitioner to attract ingredients of Section 109 of BNS. According to the learned Additional Public Prosecutor, investigation is in progress and petitioner is involved in ten criminal cases.

7. Taking into consideration the facts and circumstances of the case as well as the gravity of the offence, this Court is not inclined to grant bail to the petitioner.

8. Accordingly, this Criminal Petition is dismissed.

Miscellaneous applications, pending if any, shall stand closed.

____________________ J. SREENIVAS RAO, J Date: 04.04.2025 vsl