The High Court · 2025

This Petition coming on for hearing, upon perusing the [/lemorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Soma Ravi Kiran Reddy, Advocate for the Petitioners and Sri Arun Kumar Doddla, Additional Public Prosecutor on behalf of the Respondent. The Court made the following: ORDER _EE7 THE HONOURABLE SMT. JUSTICE K. SII.UANA CF.IMINAL PETITION No. 1178O of 2O2S ORDER: This Criminal Petition is filed under S:ctio tt 4g2 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for :;hort ,BNSS,) lor granL of p:e-arrest bail lo thc peti[ioners, n,h,r is arrayecl as accusr:d Nos. I, 2, 3 and 6 in Crime No. 1 i 3 of 2025 of Bazarhatnoor Police Station, Adilabacl District. rcgistcrecl lor lhe offenccs punishable under Sections 109, i lg(1), 296(b) rcad rvilh 3(5) of BNS.

2. 'lhe brief lacts of the case are that, on O(.0g.2O25, the de facto comolainant lodgcd a complaint wirh thc pohce stating that on 05.08.2025 at around Og:OO horirs, while she u,as cooking in her kitche r-r, Arjun, Gopich:rr d, Kavitha, Usharsingh, Kallibai, and Laxmi approachecl her. iLccusing her of practicing black magic. Gopichand, Arjun. :Lnd Kavitha forcibly entered her house, draggecl her out by hcr hair, verbaliy abused her in filthy language, and assaui"ed her rvith sticks, causing her to lose consciousness. Sho was then shilted to the house of Vinod. At that timc, h:r husband 2 SHS,J Crt-P.No- I lZ8O of 2O2S Parushuram, uncle Mohan Singh, son Pavan Kumar, and aunt Chandrakala were prcsent. The same group oI villagers assaulted them with sticks and:r blltton knrle. Her husband sustained seven stitchcs on his back and t\4,o on his head. Her uncle suffered swelling on his left arm and back, and the hand of her aunt was fractured duc to the beating. Based on the said complaint, a case rvas regrstered agarnst them for the a bovcment ioned oflences

3. Heard Sri S. Ravi Kiran Redd5,, learned counsel appearing on bchalf ()f the petitioners as well as Sri Arun Kumar Doddla, learned Additional public prosecutor appearing on behalf of the rcspondent _ State. 4' Learned counscr ror Lhc pclitioners submitted that the petitioners were innocent at-rd that the complainant had filed a casc against accusecl Nos.1 to 6 based on unverified allegations and the police, withour verifying the facts, registered the case, prompting the petitioners to hle Criminal Petition No. 111 16 of 2025 and that after hearing the arguments, the Hon,ble Court disposed of the matter by issuing notice under Section 3S(3) of the BNSS. He further I ; : i 3 SKS,J Cr1.i' N('-1 178O of 2O25 I I submitted that the police, rvithout conductiir e trly proper enquiry, arbrtrarily r-rpgraclcd thc nature of the rijuries from 'simple" to 'gricvous" and altcred thc charges tc Slection 109 of the BNS solelv to harass the pctitior-rers and tir rt thcrc rvere no speciFrc allegalions against the prcsent pctitiuners. Therefore, he prayed the Court to grant pre arretl bail to the petitioners by allorving this criminal petition.

5. On the ol-her hand, the learned Addilr:nal Public Prosecutor '.'ei:cmently opposcd the submissions nradc b1'the learned counscl lor the petitioners, contending:hat the case r,"as initially reqistered under Sections 118(1), 29(,(b) read with 3(5), and that after obtaining the medical oe rtihczrte, the charges were altered and that thc petitioners harl attackcd lhe injureci and s.itnesses with an axe, causing grie.,,tts injuries to the head. ai:cordingly, the charges were modih,'<1 to include Section 109. In view of the gravity of the ai egations, hc prayed the Collrt to dismiss the criminal petition. ) )

6. ln light of the submissions made by ircrth learned i counsel ancl upon perusal of the material availai- lt: on record, it rvas noted that although this Court had inrt ally clirected crr.p.No.rrzao o;1?i the BNSS, thc Section 3S(3) of lssuance of notice undcr offences alleged rvere punisirable rvith unpnsonment Up to seven years. Subsequentll,, based on the injury certihcate, the relevant provisions were altercd. Tl_r e allegations against the petitioners vrrere found to be grave in nature, lnr.olving assault with an a_xc anci a bufton knife. Considering the serlousness of the allegatrons and the ongoing stage of rnvestigation, this Court u,as not inclined to grant anticipatory bai.l to the pelitioners. Hencc, thc petition is liable to be dismissed

7. Accordingly, the cnmrnal peli[ior.r is dismissed Miscellaneous applicatior_rs, if any pending, shall stand closed //TRUE COPY// Sd/- G. JYOTHI A S TANT REGIST TION OFFICER To 1 2 3 The Principal Sessions Judge, Adilabad The Station House Officer, Bazarhatnoor police Station Two CCs to Public Prosecutor, High Court for the State ofT Hyderabad [OUT] 4. One CC to Sri Soma Ravi Kiran Reddy, Advocate tOpUCl 5. Two CD Copies elangana at AB K/kam I HIGH COURT DATED: 2410912025 ORDER CRLP.No.11780 of 2025 l DISMISSING THE CRIMINAI- PETITION :if ^ri 6 €t B 6 l{0u mE \ * t) ParcHEo a 'a rl l?.{' \