The High Court · 2025

1. The State of Telangana, Through Station House Officer PS Attapur, Hyderabad, Rep.by its Public Prosecutor High Court of Judicature at Hyderabad For the State of Telangana.

2. M. Madhukar, S/o. Rajamouli Goud, Aged about 34 years, Occ- Police Officer, R/o. Sanjay Nagar, Borabanda, Hyderabad, Telangana State Cell No. 834101561 1 ...RESPONDENT/COMPLAINANTS Petition under Section 482 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant Anticipatory Bail to the petitioner/ Accused No.'17 in the event of arrest in connection to Crime in FIR No.4B9/2025 of PS Attapur. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri THAKUR CHANDRA KAMAL SINGH, Advocate for the Petitioner and SRI SYED YASAR MAMOON, the Additional Public Prosecutor for the Respondent No.'1 and none appeared for the Respondent No. 2. The Court made the following: ORDER THE I{(.'NOURABLE SRI .IT,STICE J. SREIiI\IV.A.S RAO ('RIMINAL PE'IITION No.9042 of 202:i ORDEIT: l his ('rirninaI Petition is filed under Section 4tt-] ol I]haratiya Nagaril Sural:sha Sanhitha. 2023 (for short 'I]NSS') by thc pctitioner, u,ho is arr.ayr d as accused No. 17, seeking anticipat6ry bail in Crime No.489 ol l0l5 of Attapur Police Station, Cyberabad I)istrict. registered lor the otlencr:s punishable under Sections 132. l2l rl). 196.299. 109 (l). 189 (l), 189 (3) and l9l (2) r/w. 190 of thc. Bhlratiya Nyaya Sanhitha. 2r)ll tlbr short 'tlNS') and Sections 3 and -1 rf the Prevention ol Damagc'[b l)ublic Property Act, 1984 (for short'Pl)l'P Act').

2. Thc case ol prosecution in brief is that. on 08-0(r-2025. at around 9:10 PM, near Malliah Towers, a violent clash brokc- out betu'cen two groups. identitie d as I-Iindus and Muslims. Thc Police olllcer;. including a Sub-Inspector and constables on patrol duty. rushcd t() the scene and attcnlptcd to control the mob. Both groups tunred hcstile. raised conrnrurtal slogals, and pelted stones at each other and th,: police. During the incident. the petitioner herein and a policc constable srrste ined serious head injuries. A l)atrol vehicle was also dama-r:,ed. Basing on the same, the ahove crime uas registered. ( 2

3. Heard Mr-T.C.K. Singh. learned counsel lbr the petitioner and Mr.Syed Yasar Mamoon. lcamed Additional Public Prosecutor lor the respondcnt n-o. I - Statc.

4. Lcarned counsel fbr petitioncr subnritted that the petitioner has not cornmittcd thc ollence and has been lalscly inrplicated in the above cnnle He furthcr submiftccl that therc is no specitic overt act attributed to the petitioner. hence. thc ingredients ol Section 109 ( I ) of BNS are not attracted against tlre petitioncr and the punishment prescribed for the other offences is irnprisonmcnt belorv suven years. I{c further subnritled that the petitioncr was not present at the scene of of'lence and the Police, with an intention to harass thc petitioner, have implicated him in the present crime. He further subrnitted tliat thc main accused had already been arrested and released on bail. [{c lurthcr submitted that the pelitioner is eking out his livelihood bv doing I)airy Business and he is I not having any other criminal antecedents arrd he is ready and willing to cooperate with the invcstigation and also abide by the conditions. which are going to be imposed by this Court. and hence. prayed for grant of anticipatory bail.

5. Per contrtt, learned Additional Public Prosccutor submitted that the petitioner has commifted grave of'fence. Accused Nos.l to 1 1 raised the ,// slogan 'Jai Shri Ranr', while another group, i.e., Accused Nos.12 to 18, 3 raised the s'ogan rNaare Takbeer, Altah Hu Akbar' an,l they promoted enmilv bclu een communities, insulted religious sentiments, and outraged the feelings of members of each community. While dispersing the unlawlul ls: ernhlv, some miscreants instigated viclen,:e by shouting, 'Police rvaloir ko bhi maar do.' Due to stone-pelting by the miscreants, LWs- i and 2 sustained severe bleeding injuries on tlreir heads. The accused pcrsons, with malafide intention formed thenrselves into an unlawful asst mbly, obstructed LWs- I to 6 while the.r were discharging their legitirnatc duties, attempted to kilt the police personnel, and also caused danralte to a Government Police Vehicle (lnncva Crysta) by breaking its g ass windows. He further submitted that ac:uscd Nos. I to l2 and i5 are absconding and the investigation is under progress. At this \ stage, if the p,:titioner is enlarged on anticipatory bail. he will interfere with the investigation and also influence the witr.r,.'sse;. I{encc, thc pctitioner is rro entitled for grant ofanticipatory bail I

6. Having ,)onsidered the rival submissions made by :he respcctive parties and atte' perusal of the material available on rec,)rd, it reveals that there are specitrc allegations against the petitioner and the ,)ther accused that, upon rece ving information flom LWs- t to 6, the p,:lice officers rushed to the sprrt to control the accused persons. Howevcr, the petitioner, along with thc other accused participated in commission ol the said 4 incidcnt. The record further rcveals that accused Nos. I to 12 and 15 are absconding. Even according to the teamed Additional Public Prosecutor, investigation is under progress and the charge shcet has not filed.

7. Taking into consideration the lacts and cirournstances of the case and also gravity of the offenccs, this Court is not inclincd to grant anticipatory bail to the petitioner at this stage, especially rvhen the investigation is under progrcss

8. Accordingly, this Criminal Petition is dismissed Miscellaneous applications, pending if any, shall stand closed. SD/. U.SUDHA ISTANT REGISTRAR AS //TRUE COPY// I I SECTION OFFICER To,

1. The lll Additional Junior civit Judggclm X,xV Additional Judicial Magistrate of First Class Rangareddy District ai Rajendranagar. 2. The Station House Officer pS Attapur, Hyderabad. 3. One CC to SRt. THAKUR CHANDRA KAMAL STNGH Advocate [OpUC] 4 fwo CCs to SRI PUBL|CPROSECUTOR. High Court for the State of 5. Two CD Copies Telangana, Hyderabad. [OUT] GIi/PSL W HIGH COURT DATED:2910't 12025 ORDER CRLP.No.904;2 of 2025 .<\ 1 . ili: S rA7' a: vt' i ') 2 5 tti zllfi .,,<, ,),-... ^ r a,1' DISMISSING TI{E CRIMINAL PETITION @ ,al. t0 \