Pre-arrest bail may be denied in grave offences such as murder where prima facie evidence suggests common intention among the accused and the investigation is ongoing, necessitating potential custodial interrogation.

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 petitioner, who is arrayed as accused No.5 in Crime No.88 of 2026 before the Mangalhat Police Station, Hyderabad, registered for the offences punishable under Section 103(1), read with 3(5) of BNS.

2. The brief facts of the case are that the case arises out of a complaint dated 25.02.2026 lodged by Smt. Radha Agarwal stating that her son, Rishab Agarwal, was found dead with blunt injuries at a Ganesh making warehouse in Aramghar Colony. It is alleged that on the night of 24.02.2026, the deceased was taken by his friend Laddu to the said place, where he, along with other accused persons, consumed alcohol. During the early hours of 25.02.2026, a quarrel allegedly took place between the deceased and one Munna Singh, following which the accused persons, including Laddu and others, assaulted him, resulting in his death.

3. Heard Sri B. Akash Kumar, learned counsel appearing on behalf of the petitioner as well as Sri M. Ramachandra Reddy, learned Additional Public Prosecutor appearing on behalf of the respondent – State.

4. Learned counsel for the petitioner submitted that the petitioner has been falsely implicated and there are no specific overt acts attributed to him either in the complaint or in the remand case diary and that substantial investigation has already been completed and material witnesses have been examined, leaving no scope for tampering with evidence. He further submitted that similarly placed co-accused has been granted bail and the petitioner is entitled to parity. Therefore, he prayed the Court to grant pre-arrest bail to the petitioner by allowing this Criminal Petition.

5. Learned Additional Public Prosecutor opposes the petition contending that the allegations disclose a grave offence of murder committed by a group of persons, including the petitioner, pursuant to prior disputes and that the deceased was brutally assaulted leading to his death and the role of each accused, including the petitioner, is part of a collective unlawful act. The investigation is still ongoing and custodial interrogation may be necessary. Therefore, at this stage, granting of pre-arrest bail to the petitioners does not arise. Hence, 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 petitioner is alleged to be one among the group of accused persons who participated in the incident wherein the deceased was taken to the scene, a quarrel ensued, and he was brutally assaulted, resulting in his death. The main allegation against the petitioner is that he acted in concert with the other accused and shared a common intention in committing the assault on the deceased. As seen from the record, there are prima facie serious allegations against the petitioner in a grave offence of murder, and the investigation is still in progress. Therefore, at this stage, this Court is not inclined to grant pre-arrest bail to the petitioner and the same is liable to be dismissed.

7. Accordingly, this Criminal Petition is dismissed. Miscellaneous applications, if any pending, shall stand closed.