THE HON’BLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.4467 of 2025

ORDER:

This criminal petition is filed by the petitioners/A1 and A2 under Sections 480 and 483 of Bharatiya Nagrik Suraksha Sanhita (BNSS) to enlarge them on bail in Crime No.216 of 2025 of Miyapur Police Station, registered for the offence punishable under Section 109 read with Section

3(5) of BNS.

2. The case of the prosecution is that on 16.02.2025, the de-facto complainant lodged a complaint stating that on the very same day at 12:10 a.m., while he was coming out of his house in his Innova Car, one chicken pakodi vehicle bearing No.TS 18T 6133 came in opposite direction and blocked his way. On questioning, he started abusing the de-facto complainant in filthy language. Meanwhile, two persons namely Shiva Kumar and Sai Kumar came and questioned the driver of the vehicle as to why he was abusing the de-facto complainant, the said driver also abused them and threatened to kill them and called another person, who came there with knife and attacked the de-facto complainant and the said two persons due to which the de-facto complainant sustained bleeding injury on the lower part of right hand, Sai Kumar sustained bleeding injury on left hand and upper arm and Shiva Kumar sustained injuries on left hand and fingers of right hand, cheek and chest. Basing on the said complaint, Crime No.216 of 2025 was registered for the above said offences.

3. Heard Sri Nazeeruddin Khan, learned counsel representing Sri S. Nagesh Reddy, learned counsel for the petitioners, and Sri Syed Yasar Mamoon, learned Additional Public Prosecutor for the respondent.

4. Learned counsel for the petitioners submits that the petitioners have not committed the offence and they were falsely implicated in the present crime. On the other hand, the de-facto complainant and others have committed the offence and that when petitioner No.1 went to police station and lodged a complaint against the de-facto complainant and others, the police referred him to hospital on

16.02.2025. Thereafter, at the instance of the de-facto complainant, the crime was registered. He further submits that the petitioners were arrested on 19.03.2025 and since then they are in judicial custody and that they are ready and willing to cooperate with the investigation and also abide by the conditions that are going to be imposed by this Court and material part of investigation is completed. He further submits that petitioner No.1 is not having any criminal antecedents and he is only the bread winner of his family and that petitioner No.2 is involved in other offence. Even according to the allegations made in the complaint, petitioner No.2 committed the offence.

5. Learned Additional Public Prosecutor submits that the petitioners have committed grave offence and the MLC report reveals that the victim sustained grievous injuries and that investigation is under progress. Therefore, at this stage, the petitioners are not entitled for grant of bail.

6. Having considered the rival submissions made by both the parties and after perusal of the material available on record, it reveals that the petitioners were arrested on

19.03.2025 and investigation is under progress. The documents which were placed by the learned Additional Public Prosecutor shows that the victim sustained grievous injuries.

7. Taking into consideration the facts and circumstances of the case and also the gravity of the offence, this Court is not inclined to grant bail to the petitioners, at this stage when the investigation is under progress.

8. Accordingly, the criminal petition is dismissed.

Pending miscellaneous applications, if any, shall stand closed.

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JUSTICE J.SREENIVAS RAO, J Date: 04.04.2025 ES