✦ High Court of India · 21 Apr 2025

The High Court · 2025

Case Details High Court of India · 21 Apr 2025
Court
High Court of India
Decided
21 Apr 2025
Length
1,026 words

Acts & Sections

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri UMESH SINGH, Advocate for the Petitioner and Mr. SYED YASAR MAMOON, Additional Public Prosecutor on behalf of the Sole Respondent. -!-he Court made the following: ORDER I THE HONOURABLE SRJ JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No. 4681 of 2025 ORDER: This Criminal Petition is filed under Section 480 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short 'BNSS') seeking bail to the petitioner/accused No.l in Crime No.336 of 2024 on the file of the P.S. Mangalhal, Hyderabad, registered for the olTences punishable under Section 301 rlw 34 of Indian Penal Code, 1860 (for short'IPC').

2. The case of the prosecution is that on 08.06.2024, the cornplainant Iodged a complaint, stating that on 07.06.2024, petitioner and other accused attacked him at Raheempura Ground. By seeing them, the complainant ran from there, br"rt petitioner and other accused caught hold him frorn back side, petitioner beat hirn with Axe on his hcad. The complainant again escaped from the accused, staded running in the stl'eets of Raheempura and ran into one cellar of Ravinder l'ent llouse. entered into a room and locked the door from inside. Petitioner and other accused also entered in the cellar and tlrreatened him to come out and hit the door with axe. When the complainant ran out from the room, again the accused beat him on his stomach with axe and he received severe bleeding injury on his head. The attackers, allegedly motivated by previous grudges, beat 2 the complainant, despite attempts by bystanders to intervene, the attackers continued their assault, as the accused suspects that the complainant is watching their illegal activities, they planned to eliminate him. Basing on the same, a case was registered in Crime No.336 qf 2024.

3. Heard Mr.Umesh Singh, learned counsel for the petitioner and Mr.Syed Yasar Mamoon, leamed Additional Public Prosecutor for the respondent-State.

4. Leamed counsel for the petitioner submitted that the petitioner has not committed the offence and he was falsely implicated in the above crime. He further submitted that the present crime was registered on 08.06.2024 and petitioner was granted bail on 04.10.2024 in Crl.M.P.No.4473 of 2024. by the IX Additional Sessions Judge, Hyderabad, but again he was arrested on 14.12.2024, by cancelling his regular bail granted on 04.10.2024. even though the he is complying with all the conditions stipulated in ordel dated 04.10.2024. He further submitted that the investigating ofticers afier conducting investigation filed charge sheet and the same was numbered as C.C.No.9ll of 2024 on the file of the VII Additional Metropolitan Sessions Judge, Hyderabad and the same is coming up for examination of accused on __w 1 3

22.04.2025.IIe further submitted rhat petitioner shall not be dctainecr Ibr a prolonged period in judicial custody either for cornpletion of investigation or Iiling of chargc sheet by the prosecrrtion. FIc rur.rher sLrbr,itted that the petitioner is ready and wilting to cooperate r.r,ith the conccrncd Court fbr disposal of C.C.No.913 of 2024 and also the conditions which arc going to be imposed by this Court. Hence. the petitioner rnay be enlarged on bail.

5. Per contru, lcarncd Additional public prosccutor submittcd that tlrc petitioner has cornmitted g.ave of'rence and the petitioncr \\ as q.a.tcd bail on 0'1. 10.2024 and alter granting bail, he threatenecl rhe wit.ess, hence the bail granted in his lavour was cancelled. I{c hrr.ther sLrtrruirted that the petitioner approached this cour.t and flled ('rl.l'.No.3490 ol'2025, seeking gra,t of bail on the sarne grounds which a.c plcaded in thc p'esent petition and the same was dismissecr o'

17.03.2025 and thcr.e are no changed circumstances. Hcnce. at this stagc, I \ thc petitioner is not cr)ritlcd for grant ofbail.

6. Having considered the rival submissions rnade by the respcctive pa.tics and alter perusal of the rnaterial available on record, it re'eals that the pctitioner violated tl.re conditions imposed by the triar court, 4 .'\ while granting bail and subsequently the bail was cancelled and hc is in judicial cusrody since 14.12.2024. Whereas the copy of insl-ructions furnished by the learned Additional Public Prosecutor revcals thal the petitioner is involved in 33 cases, and the same are pending lt also appears from the record that the petitioner has filcd two bail applications prior to this one, vide Crl.I'Nos'9ll of 2025 and 2263 ol 2025 and the same were dismissed on 05.02.202 5 and 27 .02.2025. It is also rclevant to mention that petitioner approached this courl and lilcd Crl.P.No.3490 of 2025 and the same was dismisscd on 17 03 2025 and there are no changed circumstances. In the said circumstances, this court is of the considered view that it is not a flt case for grant of bail to the pctitioner at this stage. 7 . Accordingly, this Criminal Petition is dismissed' Miscellaneous applicatiorrs, pcnding if any, shall stand olosed' //TRUE COPY// sd/- F. cH. Nacee EPUTY HUSHAMB REGISTRA A R SECTION OFFICER To, V l.TheXVlAdditionalChiefMetropolitanMagistrateatHyderabad.

2.TheStationHouseofficer,MangalhatPolicestation,Hyderabad,

3.TwoCCstothePublicProsecutor'HighcourtatHyderabad.(oUT) 4. One CC to SRI UMESH SINGH Advocate [OPUC] 5. Two CD CoPies RC/gh HIGH COURT DATED: 2110412025 { C}RDER CRLP.No.4681 of 2025 ( -)o J ,, ISEH MNuJ7I C>i a- i o (lT Accordingly, this Criminal Petition is Dismissed b t\ €

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