THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.12478 of 2025

ORDER:

This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of pre- arrest bail to the petitioners, who are arrayed as accused Nos.3 and 4 in Crime No.274 of 2025 before the Asifabad Police Station, Kumarambheem Asifabad District.

2. The brief facts of the case are that the petitioners, who were arrayed as accused Nos.3 and 4 in the subject crime registered at Asifabad Police Station, were alleged to have participated in an incident on 18.08.2025, wherein the de facto complainant stated that he and his companions were assaulted near Thumpalli bridge by the accused persons armed with rods, stones, and deadly weapons, who also robbed them of Rs.1,80,000/- and threatened to kill them.

3. Heard Sri Rapolu Bhaskar, learned counsel appearing on behalf of the petitioner as well as Sri D. Arun Kumar, learned Additional Public Prosecutor appearing on behalf of the respondent – State.

4. Learned counsel for the petitioners submitted that the petitioners were law-abiding students with no criminal history and were not even present at the scene of offence and that due to personal disputes, the complainant, in collusion with the police, falsely implicated the petitioners to harass them. He further submitted that all alleged offences were punishable below seven years, yet no notice under Section 41-A Cr.P.C. or Section 35(3) B.N.S. was issued as mandated in Arnesh Kumar v. State of Bihar. He contended that the petitioners were permanent residents, ready to cooperate with investigation, and had already filed a quash petition and a writ petition challenging the proceedings. Therefore, he prayed the Court to grant pre-arrest bail to the petitioners by allowing this criminal petition.

5. On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioners stating that the allegations leveled against the petitioners were serious in nature. Further, Section 109 of the B.N.S. was added based on the statements of L.Ws.5 to 7, and the investigation had not yet been completed. At this stage, granting pre-arrest bail to the petitioners did not arise. Therefore, he prayed the Court to dismiss the criminal petition.

6. In the light of the submissions made by both the learned counsel and upon perusal of the material available on record, it appears that the names of the petitioners were specifically mentioned in the complaint lodged by the de facto complainant, and the statements of witnesses also disclosed the allegations against them. Having regard to the seriousness of the accusations and as the investigation was still in progress, this Court was not inclined to grant the pre-arrest bail to the petitioners. The criminal petition lacks merit and the same was liable to be dismissed.

7. Accordingly, this criminal petition is dismissed.

Miscellaneous applications, if any pending, shall stand closed.

_______________

K. SUJANA, J Date: 07.10.2025 SAI THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.12478 of 2025 Date: 07.10.2025 SAI