Telangana High Court
Balasway vs State Of Telangana on 4 March, 2025
THE HONOURABLE SMT. JUSTICE K. SUJANA
CRIMINAL PETITION No.2328 of 2025
ORDER:
This Criminal Petition is filed under Section 482 of
BharatiyaNagarik Suraksha Sanhita, 2023 (for short 'BNSS')
for grant of pre-arrest bail to the petitioners/accused Nos.2
and 5 in Crime No.215 of 2024 before the Telkapally Police
Station, Nagarkurnool.
2. The brief facts of the case are that when the deceased
was about to sell the schedule land, the accused persons
attacked the deceased mercilessly using axe. As a result, the
deceased succumbed to the bleeding injuries. Hence, a case
was registered vide Crime No.215 of 2024 before the
Telkapally Police, Nagarkurnool District, for the offences
punishable under Section 103(1) read with 3(5) of the BNS.
3. Heard Sri BhagathSainBekkam, learned counsel
appearing on behalf of the petitioners as well as Sri Syed
YasarMamoon, learned Additional Public Prosecutor appearing
on behalf of the respondent-State.
4. Learned counsel for the petitioners firstly submitted
that the petitioners are innocent and they are no way
concerned with the alleged offences. He secondly submitted
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that thedeceased's sale of the schedule land would not benefit
the petitioners. He thirdly submitted that though there is no
corroborative evidence, the petitioners were implicated in the
case with false and fabricated allegations. He fourthly
submitted that the petitioners are residents of Nagarkurnool
District, with movable and immovable properties, and are
willing to furnish sureties as directed. He fifthly submitted
that bail was granted to accused Nos.3 and 4 and in this
regard, he placed on reliance on the judgment of the Apex
Court in Siddharam Satlingappa Mhetre v. State of
Maharashtra and others 1 . He lastly submitted that
previously bail application of the petitioners vide
Crl.M.P.No.124 of 2025 was dismissed by the learned
Principal Sessions Judge, Nagarkurnool District, on
06.02.2025 and 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
petitioners stating that there are bodily offences against the
petitioners and the investigation is not yet completed,
therefore, granting anticipatory bail to the petitioners, at this
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stage, does not arise. Hence, he prayed the Court to dismiss
the criminal petition.
6. Having regard to the rival submissions made by the
both the parties and ongoing through the material placed on
record, it is apparent that deceased died due to brutal murder
and other accused confessed the commission of the offence. It
is noteworthy that major part of the investigation is not yet
completed and at this stage, it cannot be decided that the
petitioners involved in the alleged offence or not. Pertinently,
the alleged offences against the petitioners are bodily offences
and as per the averments of the complaint, the petitioners are
conspirators in the said murder of the deceased. Hence, this
Court is of the considered opinion that the petitioners are not
entitled for anticipatory bail and the Criminal Petition is liable
to be dismissed.
7. Accordingly, the Criminal petition is dismissed.
Miscellaneous applications, if any pending, shall stand
closed.
_______________
K. SUJANA, J
Date: 04.03.2025
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