Criminal Petition No. 12404 of 2025 · High Court · 2025

Order

This Criminal Petition is filed for grant of pre-arrest bail to the petitioners who are arrayed as accused in Crime No.237 of 2025 of Echoda Police Station, Adilabad District.

2. The brief facts of the case are that on 20.07.2025 at

15.00 hours, the de-facto complainant lodged a report before the police stating that, when he was performing his duties as Constable at AR Head Quarters, Adilabad, as per the instructions of Sri V. Purushotham, SIP, the de-facto complainant along with PS staff and AR staff were attending lawful duties at outskrits of Sadakguda of Ichoda village and Mandal in view of Plantation duties and at a distance of 500 mts forest men were planting and the de-facto complainant and other men were attending picket duties, in the mean time some persons belongs to surrounding villages came in groups by arguing that said land belongs to them and how forest officials were planting in their lands. At about 09.45 hours, the above said some persons have obstructed the lawful duties 2 SKS,J Crl.P.No.12404 of 2025 of Police officials with Knifes and sticks with intention to kill and beat the de-facto complainant on private parts. Later, he came to know about the names of all the accused. Hence, he requested to take necessary action against the accused Nos.1 to 48 as per law who made attempt to kill by obstructing lawful duties. On receipt of the said complaint, the Police registered case against the petitioners for the offences punishable under Sections 189 (2), 191 (2), 191(3), 132, 109, 121 (1), 324 (3), 61 r/w section 190 of BNS Act and Section 3 of PDPP Act. Aggrieved thereby, this Criminal Petition is filed seeking anticipatory bail of the petitioners.

Heard Sri Gajanand Chakravarthy, learned counsel for the petitioners as well as Sri D. Arun Kumar, learned Additional Public Prosecutor appearing on behalf of the respondent - State.

4. Learned counsel for petitioners submitted that the petitioners herein are innocent for the alleged offences and they have not committed any offence much less the offence to which they have alleged and the police already arrested some of the accused and also filed the remand report on

22.07.2025. He further submitted that the alleged offences 3 SKS,J Crl.P.No.12404 of 2025 are not attracted against these petitioners. Even according to their own complaint, in which the complainant alleges that, while the forest officers were planting the saplings in the forest area at the distance of 500 meters away from them, all of a sudden some villages came along with knifes, sticks around 09:45 AM and obstructed their duties and bet the driver of SI and also damaged the vehicle and on enquiries they came to know the names of the said persons against whom the aforesaid FIR has been registered for the alleged offences and that the forest department has violated all cannons of law and took the law into their own hands with the active help of police department and acted high-handedly to dispossess the villagers who are in admitted possession of the land. It is further submitted that the petitioners herein are falsely implicated in several cases. It is further submitted that there are no ingredients to attract the offence punishable under Section 109 of BNS Act, 2023 and all the other offences are below seven years. Therefore, he prayed the Court to grant pre-arrest bail to the petitioners by allowing this criminal petition.

5. On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the 4 SKS,J Crl.P.No.12404 of 2025 petitioners stating that the allegations leveled against the petitioners are serious in nature. It is further submitted that the petitioners herein are absconding and the petitioners herein have not reported on multiple occasions and if they are released on bail, they will take revenge on the Government Officials and they are politically motivated persons and they will repeat the similar offences as alleged. Further, the investigation was not yet completed. At this stage, granting of pre-arrest bail to the petitioners does not arise. Therefore, he prayed the Court to dismiss the criminal petition.

6. In light of the submissions made by both the learned counsel and upon perusal of the material available on record, it appears that the petitioners herein are implicated in several cases and several crimes were registered against these petitioners and all the FIR’s are registered by the different complainant with different timings for the same incident stating that the petitioners along with other accused have obstructed the Forest Officials, Police officers and also private labours and the records shows that, as on today, 13 witnesses were examined and also the witnesses are officials. Even, according to the complainant, these petitioners were illegally cultivating in the forest land, as such, the Forest Officials took 5 SKS,J Crl.P.No.12404 of 2025 over the land and were planting the trees. Considering the facts and circumstances of the case and also the allegations leveled against the petitioners, this Court deems it fit to grant pre-arrest bail to the petitioners, subject to the following conditions: i. The petitioners shall surrender before the Station House Officer, Echoda Police Station, Adilabad District, within two today, and on surrender, the said Station House Officer shall release them on bail, on petitioners executing a personal Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties for a like sum each. ii. The petitioners shall abide by the other conditions stipulated in Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023 co-operate with Investigating Officer in investigating the case. iii. The petitioners shall appear before the concerned Investigating Officer on every Wednesday between 09:00 a.m, and 05:00 p.m., till the filing of the charge 6 SKS,J Crl.P.No.12404 of 2025 sheet and thereafter, as and when required.

7. Accordingly, this Criminal Petition is allowed. Miscellaneous applications, if any pending, shall stand closed. Date: 24.09.2025 SAI _______________ K. SUJANA, J 7 SKS,J Crl.P.No.12404 of 2025 THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.12404 of 2025 Date: 24.09.2025 SAI