Chintam Shiva Kumar @ Bablu Vs The State of Telangana

THE HONOURABLE SMT. JUSTICE K. SUJANA

CRIMINAL PETITION No.12770 OF 2025

ORDER :

This criminal petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the petitioner/A.9 seeking anticipatory bail in the event of his arrest in connection with FIR No.398 of 2025 of AJ Mills Colony Police Station, Warangal. The offence alleged against the petitioner is under Section 109 (1) r/w.190 of Bharatiya Nyaya Sanhita, 2023.

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The facts of the case are that the defacto complainant lodged a complaint on 11.07.2025 before police stating that on 10.07.2025 at about 11.45 p.m., when her son and his friends were at NS Convention, some persons were beating the owner of Falooda Vehicle, the son of complainant and his friends intervened and pacified them. As such, the said persons bore grudge against him and they also threatened him that they will kill him. On the same day at about 01.00 hours, when the complainant’s son and his friends were going home, near Wisdom school, Rangashaipet, all the accused attacked them with sticks and rods in order to kill her son and fled away. As

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such, complainant requested the police to take necessary action against the accused. Basing on the said complaint, the police registered the case against the accused for the said offence.

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Heard Sri K.Vishnu Kanth, learned counsel for the petitioner and Sri D. Arun Kumar, learned Additional Public Prosecutor appearing for the respondent-State.

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The contention of learned counsel for the petitioner is that petitioner is innocent of the said allegations and he is a private photographer. Petitioner never involved in the said crime and there are no specific allegations against him. He further contended that the other accused in this case are arrested and they were released on bail and that the material part of investigation is already completed. As such, prayed this Court to grant anticipatory bail to the petitioner.

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On the other hand, learned Additional Public Prosecutor opposed bail stating that there are clear allegations against this petitioner also. The alleged offence is under Section 109 of BNS and the injured have sustained grievous injuries, as such, custodial interrogation of this petitioner is required. Hence, prayed this Court to dismiss this petition.

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Considering the submissions made by both the counsel and the material on record, the petitioner herein is arrayed as accused No.9 and the allegations against this petitioner even according to the case diary is that he along with other accused attacked Lws.8 and 9. However, in the statements of Lws.8 and 9, there are no specific overt acts against any of the accused, except stating that some persons attacked them with rods and sticks. Further, the prosecution examined Lws.1 to 14. Considering the facts and circumstances of the case, this Court deems it fit to grant bail to the petitioner subject to the following conditions :

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i. The petitioner/A.9 shall surrender before the Station House Officer, AJ Mills Colony Police Station, Warangal District within two weeks from today, and on such surrender, the said Station House Officer shall release the petitioner on bail on his executing a personal bond for Rs.25,000/(Rupees Twenty Five Thousand only) with two sureties, for the like sum each.

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ii. The petitioner/A.9 shall appear before the concerned SHO at 11:00 a.m., on every Wednesday for a period of eight (8) weeks, for the purpose of investigation and thereafter, as and when required.

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