The High Court · 2025

1. The State of Telangana, Through its public prosecutor, High Court Building, High Court, Hyderabad.

2. S.H.O, PS Bhainsa, Nirmal District. ...Respondents Petition under Section 483(i xb) BNSS praying that in the circumstances s_tated in the Petition, the High court may ue flea-sei to grant relaxation in Bait condition.imposed vide ordei dated. 13-06-2024 in cRLp"No. 6005 or 2oiaioy relaxing the condition of appearing before the station House officer, Bhainsa Police Station, on every Tuesday in ihe interest of justice cRL.P.No. 16048 ot 2o24 Between: ln^e Q!_ate of Telangana, through the Station House Officer, Bhainsa Town P.S., Nirmal District, rep. by The Public prosecutor, High Court for the State of I elangana. Hyderabad- 500066. ...petitioner/Respondent AND 1 2 D.asari Harsha_vardhan @ Bittu, S/o. Sayanna, age i 9 vears. Caste MunnuruKapu, Occ Student, Kisangalli, Bhainsa, District Nirmal Poliskar Ajay, S/o Gangaram, Age 22 years, Occ Student R/o Subhash nagar, Bhainse -

3. Andakanolla Sai Kumar, Sio Sainath, Age 22 yrs, Occ caste work R/o Batti galli. Bhainsa.

4. Tholaji Rakesh, S/o. Gajjaram, Age 30 yrs, Occ Fast food business Rt/o Battigalli, Bhainsa.

5. Kasolla Praveen, S/o. Bakkanna, Age 30 yrs, Occ Business R/o Kisan galli, Bhainsa.

6. Bacholla Madhu, S/o Chinnanna, Age 23 yrs, Occ Student, R/o Kisan Galli, Bhainsa.

7. Purastu Devender, S/o Shankar, Age 26 yrs, Occ Student, R/o Batti galli, Bhainsa

8. Kadam Nagarjuna, S/o. Anand Rao, Age 23 yrs, Occ Auto driver, R/o Shastri . nagar, Bhainsa.

9. Allam Vignesh Kumar, S/o. Sainath, Age 23 yrs, Occ Student, R/o Batti galli, Bhainsa

10.Thota Rahul, S/o Ashok, Age 20 yrs, Occ Student, R/o Batti galli, Bhainsa l l.Amruthsagar Sainath, S/o Raju, Age 21 yrs, Occ Private employee, R/o Gopal nagar, Bhainsa. '12. Sarkondawar Linguram, S/o. Gangadhar, Age 28 yrs, Occ Gold work, R/o. Purana bazar, Bhainsa.

13. Kasarolla Gangadhar, S/o Sathyanarayana, Age 34 yrs, Occ Business, R/o. Kisan galli, Bhainsa. l4.Karagiri Rajender, S/o. Gangadhar, Age'31 yrs,Occ Agriculture, R/o Kisan galli, Bhainsa.

15. Madhapur Shiva, S/o. Laxman, Age 26 yrs, Occ Gold shop, R/o. Kisan galli, Bhainsa. '16.Samaykar Shyam, S/o. Anand, Age 26 yrs, Occ Auto driver, R/o. Antharni village of Kubeer Mandal present at Batti galli, Bhainsa. lT.Chandrapur Ganesh, S/o. Anand Rao, Age 23 yrs. Occ Student, R/o Pandri aalli, Bhainsa.

18.Akula Ram, S/o Linganna, Age 25 yrs, Occ Fruit shop, R/o Kisan galli, Bhainsa.

19.Akula Shyam, S/o. Linganna, Age 25 yrs, Occ Fruit shop, R/o Kisan galli, Bhainsa. 2O.Jakkula Santhosh, S/o Gajjaram, Age 24 yrs. Occ Labour R/o. Subhash nagar, Bhainsa.

21.Balapur Akash, S/o. Gangadhar, Age 23 yrs, Occ Business, R/o. Subhash nagar, Bhainsa.

22.Chintapandu Mahesh, S/o Mallaiah, Age 38 yrs, Occ Driver, R/o. Shastri nagar, Bhainsa.

23. Ravula Ramu, S/o. Poshetty, Age 28 yrs, Occ Private Employee, R/o. Netaji nagar, Bhainsa ...Respondents/Accused No. 1, 6, 9, 12 & 20 to 38 Petition under Section 483(2) of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to cancel the bail granted to the Respondents/Accused No_1, 6, g, 12 and 20 to 38 by the Hon'ble High Court in Crl.P.No.6005l2O24, vide Orders dated 13.6.2024. This l.A & Criminal Petition coming on for hearing, upon perusing the Petition in l.A. & Memorandum of Grounds in Criminal Petition and upon hearing the arguments of Sri G. Bhaskar Reddy, Advocate for Petitioners in l.A.No.2 of 2024 in Crl.P.No. 6005 of 2024 & Respondents in Crt.p.No. '16048 of 2024 and the Additional Public Prosecutor on behalf of the Respondents in l.A.No. 2 of 2024 in Crl.P.No. 6005 of 2024 & Petitioner in Crl.P.No. 16048 oI 2024. The Court made the following: COMMON ORDER - THE HOITI'BLE SMT. WSTICE K. SUJAITA I.A.NO.2 OF 2024IN CRI}IINAL PETITION NO.6OO5 OF 2024 AND CRIMINAL PEIITION NO.16O48 OF 2024 COMMON ORDER: I.A.No.2 of 2024 in Crl.P.No.6OO5 of 2024 is l-rled seeking relaxation of bail condition i.e., appearing before the Station House Officer, Bhainsa Police Station, on every Tuesday, imposed by this Court by order dated 13.06.2024 in Crl.P.No.6O05 of 2024. Crl.P.No.16O48 of 2024 is filed by the learned Public Prosecutor seeking cancellation of bail granted to respondents/Accused Nos.1, 6, 9, 12 aird 20 to 38.

2. This Court by order dated 13.06.2024, while granting bail directed the petitioners therein to appear before the Station House Officer/lnvestigating officer on every Tuesday and shall make themselves available for interrogation as and when required by the police concerned, till frling of charge sheet.

3. Heard Sri G.Bhaskar Reddy, learned counsel for the petitioners in I.A.No.2 of 2024 and respondents 1n Crl.P.No. 16048 of 2024 and learned Additional Public I 2 Prosecutor for petitioner in Crl.P.No. 16048 of 2024 and respondent in I.A.No.2 of 2024.

4. The contention of petitioners in I.A.No.2 of 2024 is that till now charge sheet is not filed. The petiLioners are appearing before the Station House Officer from the date of order i.e.,

13.06.2024. Some of the petitioners are having business, some of them are students and employees and it has become difficult for them and causing severe hardship. His further contenlion is that though prosecution filed petition for cancellation of bail as counter to I.A.No.2 of 2024 for relaxation of conditions, it is not correct to slate that after obtaining. bail, the petitioners in I.A.No.2 of 2024 are not cooperating with the investigating agency and not appearing before him. In fact, petitioners are attending police station on every T\.resday, but the police are making them to sit in the police station for hours together. As such, petitioners have not violated any conditions imposed by this Court and requested the Court to dismiss Crl.p.No.1604g of 2024 and relax the conditions imposed in Crl.P.No.6OO5 of 2024 by atlowing I.A.No.2 of 2024. ,'i o 3

5. On the other hand, Iearned Additional Public prosecutor opposed the same stating that the petitioners in Crl.P.No.60O5 of 2024 are not appearing before the investigating officer, even after the condition imposed by this Court and as a counter case, they filed petition for cancellation of bail vide Crl.P.No. 16O48 of 2024 stanng that these petitioners are not cooperating with the investigating ofhcer. It is further stated that A.38 is involved in nine more cases, A. 12 is involved in ten more cases arrd they violated the conditions imposed in Crl.P.No.60O5 of 2024. A.22 along with others involved in Cr.No.234 of 2024 which is subsequent to the present crime, wherein the complainant therein was badly beaten by A.22 and others and another person was kidnapped and was beaten badly. He further submitted that petitioners are causing law ald order problem in Bhainsa and also promoting communal disharmony in the village. If the bail is not cancelled it will cause huge damage to the peace and harmony in the village. Therefore, requested this Court to cancel the bail granted to respondents/A. l, 6, 9, 12,20 to 38.

6. Considering the submissions made by both the counsel and the material on record, after granting bail by this Court in 4 Crl.P.No.6O05 of 2024, A.22 and others involved in Cr.No.234 of 2024 wherein the offences alleged against them are under Sections 109, 137 (2), 115 (2),351 (2), l9I, 192 r/w. 19O of BNS. The allegations against other petitioners- are that they are not cooperating with the investigating officer, whereas, bail was granted to the petitioners on 13.06.2024 and till today charge sheet is not filed. According to petitioners, they are regularly appearing before the investigating officer. In view of the same, the condition of appearing before the Station House Officer on every T\resday is relaxed in sofar as petitioner Nos. 1, 2, 3, 4, 5, 6, 8 to 23 are concerned. Except petitioner No.7 1A.22, the remaining petitioners are directed. to appear before the Investigating officer on second and fourth Sunday of every month for a period of two months betweenl l.OO a.m and 5.O0 p.m. or till filing of charge sheet whichever is earlier.

7. Accordingly I.A.No.2 of 2024 is allowed in sofar as petitioner Nos. 1, 2, 3, 4,5, 6, 8 to 23 are concerned and dismissed in sofar as petiLioner No.7 I A.22 is concerned.

8. However, as there are no grounds stated by the learned Additional Public Prosecutor to "-..t 13.06.2024 in Crl.P.No.6OOS of 2024, Crl.P.No. 16O48 of 2024 is tt . bail granted on 5 dismissed. stand closed Miscellaneous applications, if aly pending, shall //TRUE COPYII 3,{;l"YSli,.fffl To, 1 Z 3 4 5 Nj b ili,,"{::fi #:ititl i1,,"',;gflfl tr3$:f ?#S 33 t"#S bhasker Reddv, Advocate I u SECTION OFFICER nsa, Nirmal District ce Station, Nirmal District urt for the State of Telangana at oPUCI 4 HIGH COURT DATED:09/0112025 o i'-.:' [9 JUL 20'25 ]! t_. ,^r^ COMMON ORDER l.A.No. 2 of 2024 CRLP.No. 6005 of 2024 & CRLP.No'16048 of 2O24 ALLOWTNG THE l.A.No. 2 of 2024 in so far as Petitioner Nos' 1,2,3,4,5,6,8 to 23 are concerned DtsMtsstNG THE t.A.ri;. i-of 2o2a in so far as Petitioner No.7/A.22 is concerned & DISMISSING THE CRL.P.No. 16048 ot 2024 w,{ \0! I i I I 1 I I I i