High Court · 2025

Petition under Sections 480 & 483 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant bail to the petitioner/Accused in the event of arrest, pending investigation and trial of the case arising out of Crime no.21 of 2025, on the file of Renjal Police Station, Nizamabad District; Thrs Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri lt/ADAS BHARATH CHANDRA, Advocate for the Petitioner and Sri Syed Yasar Mamoon, Addt. Public Prosecutor on behalf of the Respondent; The Court made the following: ORDER THE HONOURABLE SRI JUSTICE J. SREEN IVAS RAO CRIMINAL PETITION No.4866 of 21t25 OR-DER: This Criminal Petition is filed under Sectionr; 480 and 483 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for shor 'BNSS') seeking bail to the petitioner/accused No. I in Crime No.2l cl'2025 on the file of the P.S. Renjat, Nizamabad, registered for the ollences punishable under Sections 85, 103(l) and 238 r/w 3(5) of BNS

2. The case of the prosecution is that on 29.01.2025, the complainant lodged a complaint against the accuscd, stating that 17 years ago, he performed marriage of his elder daughter i.e., deceased with the petitioner/accused No. I and they were i,lessed with three children. About six months ago, lamily disputes rrrose between the deceased and petitioner and he settled the matter befrrre the elders. Two days back, the deceased inlormed him that her husband started harassing her again. Later on 28.01.2025, at night, he received a call from the petitioner and said the deceased was missing since afternoon and asked whether she came to his house, lor which he replied that she has not come to his house and on same day, he carle to Borgoan and 2 enquired about her with the petitioner for which he did not reply anything. He has enquired for the deceased to their relatives and villagers but in vain, soon after he came to know through Borgoan villagers that on 28.01.2025 morning deceased and petitioner went to agricultural work but only petitioner returned alone in the evening. Upon which the complainant showed suspicious over his daughter missing. Hence, Crime No.2 I of 2025 was registered.

3. Heard Mr.M.Bharath Chandra, learned counsel for the petitioner and Mr.Syed Yasar Mamoon, leamed Additional public prosecutor for the respondent-State. 4 Learned 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 initially the said crime was registered as 'women missing' and during the course of investigation, the Police found a dead body of the deceased and thereafter, basing on the confbssion of the accused, police included Sections 85, 103(1) and 238 r/w 3(5) of BNS and the same are not attracted againsL the petitioner. He further submitted that even according to the statements of complainant and other witnesses _4FiE7 -,/ / 3 examined by the Police, they are contrary to each oil.rer. He furlher submitted that there are discrepancies between the sr atements of the petitioner and LW-6, which raises doubt about involvement ol- the petitioner. He further submitted that the marriage ol petitioner and deceased was perfomed l7 years back and they wrre blessed with three children and he is the sole bread winner of his tamily. He further submitted that the petitioner was arrested on 30.0 I .2025 and since then he is in judicial custody. He further sut,mitted that the entire investigation is cornpleted and the petitioner st all abide by the conditions, which are going to be irnposed by this (,-ourt, and he is ready to cooperate with the investigation, if arry. l{ence, the petitioner may be enlarged on bail.

5. Per contra, learned Additional public prosecutor submitted that specific allegations are ievelled against the petitioner and investigation is under progress and if the petitioner is granted ba I at this stage, he may tamper with the evidence and may threaten tte witnesses, and \ t hence, prayed to dismiss the petition.

6. Having considered the rival submissions made by the respective parties and after perusal of the material available or record, it reveals I I 4 that the marriage of petitioner and deceased rvas performed 17 years back and they were blessed r.v ith three children and there are matrimonial disputes between them. The record further discloses that basing on the complaint lodged by' the father of the deceased, case was registered as 'women missing', later police added Sections 85, 103(1) and 238 r/w 3(5) of BNS. The record also discloses that the petitioner committed grave offence and the Police found the dead body of the deceased in Bargaon Village tank. which was adjacent to the petitioner's land. Even accordins to the learned Additional Public Prosecutor, investigation is under progrcss

7. Taking into considelation the facts and circumstances ofthe case as well as the gravity of the offence, this Court is not inclined to grant bail to the petitioner.

8. Accordingly, this Criurinal Petition is disrnissed. Miscellaneous applications, pending if any, shall stand closed. //TRUE COPY// SD/- MOHD. ISMAIL EPUTY REGISTRAR SECTION OFFICER

1. The Addl. Judicial First Class Magistrate, Bhodhan 2. The Superintendent, Central Jail, Nizamabad 3. The Station House Officer, Renjal P-S.' Nizamabad 4. One CC to SRl. MADAS BHARATH CHANDRA Advocate IOPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court at Hyderabad (OUT) 6. Two CD Copies \ To, v VSM/gh :;WF: HIGH COURT DATED:1710412025 _:--:-- .,, \ 'o. G \ o () lI1 ll]t M .! t DFr ''.,'..,- . t .,1' ORDER CRLP.No.4866 of 2025 DISMISSING THE CRIMINAL PETITION / /.2 // /{t