The High Court · 2025
Case Details
Acts & Sections
in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to grant of Anticipatory Bail in Crime No. 231 of 2024 dated 21.11.2024 on the file of the S.H.O., P.S., Adilabad Rural, Adilabad District. This Petition coming on for hearing, upon perusing the [\/emorandum of Grounds of criminal Petition and upon hearing the arguments of sri. Yenuka Nishitha [Vlanvi, Advocate for the Petitioners and the of Sri Syed Yasar Mamoon, learned Addl. Public Prosecutor (TG) on behalf of the Respondeht. The Court made the following: ORDER 3: r"\ THE HONOURABLE SMT JUSTICE K. SUJANA ,' (IRIMINAL PETITION NO.1343 Of 2025 . ORDER: This Criminal Petition is liled under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short tsNSS') for grant of pre-arrest bail to the pelitioners who are arrayed as accused Nos.8 and 9 in Crime No.231 of 2024 before the Adilabad Rural Police Station, Adilabad District.
2. The brief facts of the case are that on November 21,2024, at 17:00 hours, Sub Inspector of Police Syed Mujahid, received credible information that a car was traveling from Nagpur with weapons. Acting swiftly, he made a General Diary (GD) entry and informed the Circle Inspector (CI) of Police, Adilabad-Rural. To facilitate the investigation, he reqrrested the Mandal Parishad Development Ofhcer (MPDO), Adilabad-Rural Mandal, to provide two official panchas (witnesses). He also summoned a photographer, Marshetti Srikanth, to document the proceedings. Upon arrival of the panchas, and the photographer, Syed Mujahid, along with other police personnel, proceeded to Chanda (T) village bypass where they intercepted a 2 SKS,J Cr1.P.No.1343 of2O25 - \- - -:- .1.''1. .1. blue-colored car bearing number TS-07-JQ-9592, which was traveling from Nagpur. The police found two individuals, Myla Dilip and Avulapati Himakanth Reddy, in the car. Upon questioning, they revealed that they had purchased weapons in Kashi. The police seized four pistols, eight magazines, and 18 rounds of ammunition from their possession. The accused individuals confessed to their crimes before the panchas and the photographer. Myla Dilip, the hrst accused, stated that he was a restaurant owner from Sunnipenta village, Srisailam Mandal, Nandyal district, Andhra Pradesh, and that he had purchased the weapons for his own safety, as he had received threats from unknown persons. Avulapati Himakanth Reddy, the second accused, revealed that he was a driver from Venkatapuram village, Athmakur Mandal, Nandyal district, Andhra Pradesh, arrd that he had accompanied A1 to Kashi to purchase the weapons. The police seized the weapons, ammunition, and two cell phones from the accused individuals. They also impounded the blue-colored car bearing number TS-07-JQ-9592. After completing the investigation, the police registered a case against the petitioner for the offences punishable under Sections 61{21(a), 1O9(1) read with 3(5) of BNS and Section 25(1A) of I i 3 SKS,J Crl.P.No.1343 of 2025 Arms Act, 1959. Aggrieved thereby, this Criminal Petition is filed for gr-ant of anticipatory bail.
3. Heard Ms. Y.Nishitha Manvi, iearned counsel for petitioners, and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for respondent - State.
4. karned counsel for the petitioners submitted that the allegations made against the petitioners are false, fabricated, and intended only to harass them. He contended that the petitioners are wrongly implicated in the case and are wrongly charged uncler various Sections of the BNS and Arms Act. He lamented that the petitioners never had any criminal conspiracy or attempted to murder anyone, and the allegations made by the de-facto complainalt lack evidentiary value. He asserted that the investigation agency has arraigned the petitioners as accused without conducting a preliminary enquiry. Therefore, while advocating that the petitioners are willing to furnish suitable sureties and abide by any conditions imposed by the Court, he prayed this Court to allow the criminal petition.
5. On the other hand, learned Additiona,l Public Prosecutor vehemently opposed the submissions made by learned counsel \ I 4 SKS,J Crl.P.No.1343 of2025 for petitioners, stating that the allegations leveled against the petitioners are serious in nature, and the salne requires interrogation. Therefore, he prayed the Court to dismiss the criminal petition.
6. Having regard to the rival submissions made, on going through the material placed on record, it is noted that there are serious allegations against the petitioners with regard to them securing weapons and ammunition from Kashi, which were seized enroute Nagpur. Further, as the investigation in the case is still at the initial stage, this Court is of the hrm view that there are no merits in the case and the same is liable to be dismissed.
7. Accordingly, this Criminal Petition is dismissed. Miscellaneous applications, il any pending, shal1 stand closed. To, //TRUE COPY// Sd/- L. LAKSHMI BABU ASSISTANT REGISTRAR SECTION OFFICER
1. The Judicial First Class Magistrate (PCR), Court at Adilabad'
2. The station House officer, Adilabad Rural Police station, Adilabad District
3. One CC to Sri tr/ls. Y. Nishitha Manvi, Advocate IOPUC] : t I ! I /
4. Two CCs to PUBLI( ,t uvJ.rroli t6"rTi "*otucuroR, Hish court for the state of reransana
5. Two CD copies. B.lLBigh .4 _--' I \ \ I ,r ii: \.lr iTE SIA IC ( 3 0 APB 2U25 , t)c1pn1n,-rifl ( t c ,qaFElEdl&g I j HIGH COURT DATED:1Ot02t2025 ORDER CRLP.No.1343 of 2025 CRIMINAL PETITION IS DISMISSED a 4/ /l,zz,;