Criminal Petition No. 9155 of 2025 · High Court · 2025

Order

Criminal Petition No. 9155 of 2025 is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) by the petitioners/accused Nos.1 to 3, who were subsequently arrayed as accused Nos.2 to 4, seeking anticipatory bail and Criminal Petition No.9281 of 2025 is filed under Sections 480 and 483 of the BNSS by petitioner/accused No.10, who was subsequently arrayed as accused No.1, seeking bail in connection with Crime No.302 of 2025 of Peddapalli Police Station, Ramagundam District, registered for the offences under Sections 189(2), 61(2)(a), 118(1), 329(4), 109(1) and 308(5) r/w 190 of the Bharatiya Nyaya Sanhita, 2023 (BNS).

2. Since these criminal petitions are arising out of Crime No.302 of 2025, they are heard together and disposed of by this common order.

3. The case of prosecution in brief is that on 13.07.2025, the complainant reported that during the Peddamma Bonalu procession around 18:00 hrs, while passing by Nune Parameswar’s house en 2 route to the temple, Gangula Santhosh, Kolipaka Sampath, and Kolipaka Krishna due to prior political and land disputes abused him in filthy language. When he questioned them, they attacked him and his group with sticks and stones, causing injuries. The public intervened and stopped the fight, after which the complainant returned home. At around 19:00 hrs the same day, accused Erram Rakesh arrived on motorbike, located the complainant’s house, and along with Gangula Sathish, Dubba Nagender, Pidugu Santhosh, Pidugu Venkatesh, and Sai Ganesh, entered the house and attacked the complainant and his family with sticks and stones. They threatened to kill his son and extorted a gold chain weighing 10 grams worth Rs.30,000. They also assaulted his brother Bhuthagadda Sampath and took his Bullet bike worth Rs.90,000.

The group, in conspiracy with Kolipaka Srinivas, caused injuries to the complainant’s chest, right hand, and right eye; his brother Sampath’s right eye; his son Rakesh’s right eye, temple, and left hand; and internal injuries to Buthagadda Ajay and Shankaramma. Based on the same, present crime was registered. 3

4. Heard Mr.S.Sharath Kumar, learned counsel petitioners and Mr.Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for the respondent-State.

5. Learned counsel for the petitioners submitted that the petitioners are innocent persons and they did not commit the alleged offence and they were falsely implicated in the present crime. He further submitted that there are disputes pending between the father of accused No.1 and the de-facto complainant and others in respect of managing affairs of Peddamma Thalli temple and to dissolve the said disputes, the de-facto complainant lodged the present complaint. He further submitted that the petitioners sustained injuries in the hands of the de-facto complainant and others and accused No.2 has lodged complaint against the de-facto complainant and others, basing on the same, Crime No.301 of 2025 was registered for the offences under Sections 118(1) and 74 r/w 3(5) of the BNS, on the file of the Peddapalli Police Station. Thereafter, as a counter blast, the de-facto complainant lodged the complaint on the file of the very same Police Station and on the very same day and basing on the same, present crime was registered. He further submitted that initially the crime was 4 registered for the offences under Sections 118(1), 329(4) and 308(5) r/w 3(5) of the BNS and later at the instance of the de-facto complainant, the Police included Section 109(1) of the BNS. He further submitted that accused No.1 was arrested on 19.07.2025 and since then he is in judicial custody and accused Nos.2 to 4 are not having any other criminal antecedents. He further submitted that the petitioners are ready and willing to cooperate with the investigation and also ready to abide by the conditions, which are going to be imposed by this Court and hence, prayed for grant of bail in favour of petitioner/accused No.1 in Crl.P.No.9281 of 2025 and anticipatory bail in favour of petitioners/accused Nos.2 to 4 in Crl.P.No.9155 of 2025.

6. Per contra, learned Additional Public Prosecutor submitted that the petitioners have committed a grave offence, and there are specific allegations against them. He further submitted that basing upon the medical report of the de-facto complainant, the Police included Section 109(1) of BNS and the investigation is under progress and hence, prayed to dismiss the petitions.

7. Having considered the rival submissions made by the respective parties and after perusal of the material available on 5 record, it reveals that there are disputes between the father of the accused No.1 and others and the de-facto complainant and others in respect of managing affairs of Peddamma Thalli temple. The record further reveals that case and counter cases are pending between the petitioners and the de-facto complainant and based on the complaint lodged by the de-facto complainant, the present crime was registered. On the very same day, accused No.2 also lodged a complaint against the de-facto complainant, which was registered as Crime No.301 of 2025 at the same police station. The record further discloses that accused No.1 was arrested on 19.07.2025 and since then he is in judicial custody. Even according to the learned Additional Public Prosecutor, 15 witnesses were examined and accused Nos.2 to 4 are not having any other criminal antecedents.

8. Taking into consideration the facts and circumstances of the case, this Court is inclined to grant bail to the petitioner/accused No.1 in Crl.P.No.9281 of 2025 and anticipatory bail petitioners/accused Nos.2 to 4 in Crl.P.No.9155 of 2025, subject to the following conditions: (i) The petitioner/accused No.1 in Crl.P.No.9281 of 2025 shall execute a personal bond for a sum of Rs.30,000/- 6 (Rupees thirty thousand only) with two sureties for a like sum each to the satisfaction of the Judicial Magistrate of First Class at Peddapalli. (ii) Petitioners/accused Nos.2 to 4 in Crl.P.No.9155 of 2025 shall surrender before the Station House Officer of Peddapalli Police Station, Ramagundam District, on or before 09.08.2025, and on such surrender, the said Station House Officer shall release the petitioners/accused Nos.2 to 4 on bail on their executing a personal bond for Rs.30,000/- (Rupees thirty Thousand only) each with two sureties, for the like sum each (iii) The petitioners/accused Nos.1 to 4 shall appear before the concerned SHO at 11.00 A.M. on every Monday, for a period of six (6) weeks or till filing of charge sheet whichever is earlier, for the purpose of investigation and thereafter, as and when required. (iv) After release, petitioners/accused Nos.1 to 4 shall not influence the witnesses or interfere with the investigation. (v) The petitioner/accused No.1 in Crl.P.No.9281 of 2025 shall abide by the conditions stipulated in Section 483 (3) of BNSS and petitioners/accused Nos.2 to 4 Crl.P.No.9155 of 2025 shall abide by the other conditions stipulated in Section 482 (2) BNSS .

9. Accordingly, the Criminal Petitions are allowed. 7 Miscellaneous applications, pending if any, shall stand closed. Date: 04.08.2025 ____________________ J. SREENIVAS RAO, J