THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No. 4190 OF 2025

ORDER:

This criminal petition is filed by the petitioner/Accused invoking the provisions of Section 482 of BNSS for grant of anticipatory bail in Crime No. 220 of 2024 on the file of Elkathurthy Police Station, Hanumakonda District, registered for the offence under Sections 281, 296(b), 115(2) and 110 of BNS.

2. The case of the prosecution is that on 28.12.2024 at about 03:30 hours while the de-facto complainant was going to his relatives marriage in his friend’s car, at the turning at his village Government school, the petitioner, who is riding bike, came in rash and negligent manner in opposite direction by watching cell phone. In order to escape, the de-facto complainant’s car rushed into bushes. Immediately, he called his friend Raghu over phone to stop the petitioner. When the said Raghu tried to stop the petitioner, he beat him on his head and went into the outskirts of Damera village where the de-facto complainant and his friend found the petitioner and on enquiry, he disclosed his name as Illaiah and abused them in filthy language. When the petitioner tried to escape, they stopped him and took his cell phone, unicorn bike for his address and immediately they consulted RMP at Damera Village where he examined the Bhura Raju and informed them that his condition was serious and advised them to take him to good hospital. Immediately, they shifted the Bhura Raju to Srinivas Pinnacle Hospital where the doctor examined him and advised to shift to NIMS Hospital at Hyderabad and accordingly they shifted him to NIMS Hospital and thereafter lodged a complaint. Basing on the said complaint, Crime No.220 of 2024 was registered for the above said offences.

3. Heard Sri A. Ravinder Reddy, learned Senior Counsel representing Sri M. Ajay Kumar, learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondent.

4. Learned Senior Counsel submits that the petitioner has not committed the offence and he was falsely implicated in the present crime and that the ingredients of Section 105 of BNS do not attract to the petitioner. He further submits that the petitioner is doing agriculture and eking out his livelihood and material part of investigation is completed except filing of charge sheet. The petitioner is ready and willing to co-operate with the investigation and also abide by the conditions which are going to be imposed by this Court.

5. Per contra, learned Additional Public Prosecutor submits that the petitioner has committed grave offence and the investigation is under progress. At this stage, if the petitioner is granted bail, he will influence the witnesses and will interfere with the investigation. Therefore, the petitioner is not entitled for grant of anticipatory bail.

6. Having considered the rival submissions made by both the parties and after perusal of the material available on record, it reveals that there are specific allegations against the petitioner and that the victim sustained injuries in the hands of the petitioner and later died. According to the learned Additional Public Prosecutor, the investigation is under progress.

7. Taking into consideration the gravity of the offence, this Court is not inclined to grant anticipatory bail in favour of the petitioner.

8. Accordingly, the criminal petition is dismissed.

Miscellaneous petitions pending, if any, shall stand closed. No order as to costs.

_______________________ J. SREENIVAS RAO, J

Date: 01.04.2025.

ES