The High Court · 2025

FRIDAY, THE IHIRTY FIRST DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION NO: 13407 OF 2025 Between: Syed Afsar,,S/o. Syed Maqbool, Aged about 34 Years, Occ.Dairy Business, R/o H No 4-3-125 Attapur Khaja Nagar, Rajendra Nagar, Ranga Reildy District, Telangana State 500 048 ...Petitioner/Accused No. 1 7 AND The State of Telangana, Rep. by its Public Prosecutor, High Court of Telangana, Hyderabad through SHO Attapur Police Station, Cyberabad, High Couh at Hyderabad. ,.Res pondents/Complainant Petition under Section 482 of B. N.S.S. praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to enlarge the Petitioner/Accused No.1 7 on Bail in the event of his arrest in F.l.R.4BO of 2025. dt.09.06.2025 on the file of Attapur Police Station, Cyberabad forthe offences U/s. 132, 121(1), 196,299, 109(1), 189(2), 189(3), 191(2), r/w 190 of BNS, 3, 4 PDPPA of BNS. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri B Sathish, Advocate for the Petrtioner and Sri D.Arun Kumar, Additional Public Prosecutor on behalf of the Respondent State. The Court made the following: ORDER I I , I I i I I I I THE HONOURABLE SMT JUSTICE K' SUJT'I A CRIMINAL PETITION No'13407 of 2025 ORDER: This Criminal Petition is filed r-nd er Sect' c t 482 ol Bharatiya Nagarik Suraksha Sanhitha' 2023 (for si r rt 'BNSS') b1' the pctitioner, u'ho is arrayed as accused No -' sceking anticipatory bail in Crime No 489 of 2025 of Att I rur Police Stertion, Cyberabad District, registered for tt ( olfences punishable under Sections 132, 121 (l)' 196' il!'" 1Oq (1)' 189 (2), i89 (3) and 191 l2l rlw 19O of the Bhar: iva Nyaya Sanhitha, 2023 (for short 'BNSJ and Sections 3 : r ci 4 of the PreventionofDamageToPublicPropertyAct,lgi,.(forshort 'PDPP ActJ The case ol prosecution in brief is that' on l' )-06-2025' 2. at around 9:3O PM, near Malliah Towers' a violenl 'lash broke out between tu'o groups, identified as Hindus a I 1 Muslims' The Police officers, including a Sub Inspector an I r:onstables on patrol duty, rushed to the scene and attempt I i to control thc mob. Both groups turned hostile' raiserl communal siogans, and pelted stones at each other an(' t.he police' 2 During the incident, the petitioncr herein and a police constable sustained serious head injuries. A patrol vehicle was also damaged. Basing on the same, the above crlme was registered.

3. Heard Sri B.Sateesh, Iearned counsel for petitioner, and Sri D.Arun Kumar, learned Additional public prosecutor appearing for respondent - State_

4. Learncd counsel for petiLioner submitted that the petitioner hzrs not committed the offence and has been falsely implicated in thc above crime. He further submitted that there is no specific overt act attributed to the petitioner, hence, the ingredients of Section 109 (l) of BNS are not aftracted against the petitioner ancl the punishment prescribed for the other offenccs is imprisonment bclow seven years. He further submitted that the petitioner was not present at the scene of offence and the Police, r,r,ith an intention to harass the petitioner, have implicated him in the present crime. He further submitted that the main accused had already been arrested and released on bail. He further submitted that the petitioner is eking out his livelihood by doing Dairy Business and he is not having any other criminal antecedents and he is a reacly and \\.illing lo cooperate with the investigal r n atld also abide by the cor-rditrons, which are going to be im 1 r sed by this Court, and henr:e, prayed for grant o[ anticipator" I ail. 5 Pt'r contril, learned Additional Public Prosecutor srrbmil[t'd that the petiLioner has committed 11 i re oflcnce. Accused Nos. I to 11 raised thc slogan 'Jai Shr i l;rn-r', while arlolher group, i e., Accused Nos. 12 to 18, raist l i,he slogan 'Naare 'l'akbecr, Allah Hu Akbar' and thc1, prt>tt l ted cnmi[, l)ctu'een communities, insultcd religious scn t I 13nt s, and r>u[ragcrl thc fcelings of members of each comrr r nity-. While dispersing the unlawful assembly, some miscrea r t ; instigated violence b1, shotrting, 'Police walon ko bhi ma:rr lo.' Due to stone Pcllir-rg try the miscreanl s, LWs- I and . sustained severc blceding injuries on their l-rcads. 'lhe acct::d persons, u'ith m:Llaflde intention formed thcmselves into tr unlawful assembly, obstructed LWs-I to 6 while they wcr cischarging thcir legitimate duties, attempted to kill the poli: personnel, :rnd also caused damage to a Government I r ice Vehicle (lnnova Crvsta) by breaking its glass u,indou : . He further submitted that accused Nos.1 to 72 and 15 arr absr:onding ( and the inr.estigation is under progress. At this ;tage, if the I I i \ \ il x petitioner is enlarged on anticipatory bail, he will interfere with the invcstigation and also influence thc witnesses. Hence, the petitioner is not entitled for grant of anticipatory bail.

6. Having regard to the rival submissions made and on going through the material plzrced on record, it is noted that previously the petitioner had filed Crl.P.No.9042 of 2025 before this Court seeking the relicf of anticipatory bail and the same was dismissed by this Court uide order dated

29.07 .2025- That being so, rt is noticed that there are no changed circumstances back then in the earlier bail petition, and the present bail petition. As such, this Court is not inclined to grant thc relief as sought for, by the petitioner. There are no merits in this Criminal Petition, anC the same is liable to be dismissed. 7- Accordingiy, thc Criminal petition is dismissed. Miscellaneous applications, if any pcnding, shall stand closed SD/- P.C.SULEKHA DEVI A SISTANT REGIST //TRUE COPY// ECTION OFFICER To, .1 . The lll Additional Junior civil Judge-cum-XXV Additional Judicial Magistrate of First Class, Rangareddy District at Rajendranagar'

2. The Station House Officer, Attapur Police Station, Cyberabad' 3. One CC to Sri. B Sathish Advocate [OPUC] 4. Two CCs to Public Prosecutor, High court for the State of Telangana. [oUT] 5. Two CD CoPies YJR /PSL HIGH COURT DATED:31 11012025 ORDER CRLP.No.13407 of 2025 /.,/ { j i.:'r, 2025 l',

1.1 DISMISSING OF THE CRIMINAL PETIT )N.