THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.13049 OF 2025

ORDER :

This criminal petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the petitioners/A.2 to A.5 seeking anticipatory bail in connection with Crime No.359 of 2025 of Narsampet Police Station, Warangal District. The offences alleged against the petitioners are under Sections 329(4), 118(1), 296(b), 351(2)

r/w.3(5) of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’).

2. The case of the prosecution is that the defacto complainant lodged a report before police on 18.09.2025 stating that he had house at Vallabh Nagar Main road and also had business of renting iron boxes. A.1 purchased the house of complainant’s elder brother and was living with his second wife in that house and with an intention to occupy the complainant’s house, A.1 alleged that the complainant’s younger son used to knock the doors of the accused during the night time and abused them and threatened them. By keeping all these in mind A.1 to A.5, trespassed illegally into the house of complainant abused them in filthy language and beat them with the help of Iron rods. Thereby the complainant sustained injuries to his left ear, chest back part of the body and his wife sustained injuries to her fore head, shoulder upper part and his sons also sustained injuries. As such, requested the police to take necessary action against all the accused. Basing on the said complaint, the police registered the case against the accused for the above offences.

3. Heard Sri Veerababu Gandu, learned counsel for the petitioners and Sri D.Arun Kumar, learned Additional Public Prosecutor appearing for the respondent-State.

4. The contention of learned counsel for the petitioners is that petitioners herein are A.2 to A.5. A.1 was already arrested and released on regular bail and there are no specific allegations against these petitioners and they are falsely implicated in this case. Though the offences alleged are punishable with below seven years, the investigating officer has not served notice under Section 35(3) of BNSS. As there are no specific overt acts against these petitioners, prayed this Court to grant bail to the petitioners.

5. On the other hand, learned Additional Public Prosecutor opposed bail on the ground that the complainant sustained grievous injuries, as such, section was altered from Sections 329(4), 118(1), 296(b), 351(2) r/w.3(5) to Sections 118(2), 329(4), , 296(b), 351(2) r/w.3(5) of BNS which is punishable with more than seven years and there are specific allegations against these petitioners. A.1 is a habitual offender, 17 crimes are registered against him and these petitioners have cooperated him in commission of offence. As such, requested this Court to dismiss this petition.

6. Considering the submissions made by both the counsel and the material placed on record, there are four injured persons and one of them have sustained grievous injuries and the other three sustained simple injuries. As there are clear allegations against these petitioners in the complaint, this Court is not inclined to grant bail to the petitioners and the same is liable to be dismissed.

7. Accordingly, the Criminal Petition is dismissed.

Miscellaneous petitions, if any, pending shall stand closed.

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K. SUJANA, J Date : 17.10.2025 Rds THE HON’BLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.13049 OF 2025 DATE :17.10.2025 Rds