| |
CDJ 2026 TSHC 808
|
| Court : High Court for the State of Telangana |
| Case No : Criminal Petition No. 12553 of 2026 |
| Judges: THE HONOURABLE MR. JUSTICE N. TUKARAMJI |
| Parties : Mushmir Mahesh & Another Versus The State of Telangana |
| Appearing Advocates : For the Petitioners: Malla Reddy Gadipally, Advocate. For the Respondent: Public Prosecutor. |
| Date of Judgment : 11-08-2026 |
| Head Note :- |
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 482 -
Case Referred:
Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273
|
| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)
- Sections 118(1), 126(2), 352 read with 3(5) of Bharatiya Nyaya Sanhita, 2023 (BNS)
- Section 35(3) of the BNSS
- Section 118(2) of the BNS
- Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273
2. Catch Words:
- Anticipatory bail
- Section 35(3) safeguard
- Grievous injury
- Dangerous weapon
- Cooperation with investigation
3. Summary:
The petition under Section 482 of the BNSS seeks anticipatory bail for accused Nos. 2 and 4 in a case of assault with sticks causing grievous injuries. The petitioners claim the allegations are fabricated, stemming from a civil land dispute, and contend that the prosecution has improperly invoked Section 118(2) of the BNS to deny them protection under Section 35(3) of the BNSS. The prosecution argues that the evidence, including witness statements, prima facie links the petitioners to the offence and that bail could hinder investigation. The Court, noting the petitioners’ undertaking to cooperate and the medical evidence of injury, directs them to appear before the investigating officer, who must issue a notice under Section 35(3) and proceed per Arnesh Kumar guidelines. All substantive issues remain open for investigation. The petition is consequently disposed of.
4. Conclusion:
Petition Dismissed |
| Judgment :- |
|
1. This Criminal petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), seeking grant of anticipatory bail.
2. Heard Mr.G.Malla Reddy, learned counsel for the petitioner and Mr.Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for the respondent-State.
3. The petitioners are arrayed as accused Nos.2 and 4 in Crime No.308 of 2025 on the file of the Chinnakodur Police Station, Siddipet District, facing accusations under Sections 118(1), 126(2), 352 read with 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short, ‘BNS’).
4. The brief facts of the case are that on 28.11.2025 while the de facto complainant’s father was proceeding through his farm land, the accused had abused him in filthy language and beat with sticks and caused injuries. Upon the report, the crime came to be registered.
5. Learned counsel for the petitioners submits that the allegations levelled against the petitioners are concocted and that they have been falsely implicated in the case owing to existing civil disputes relating to agricultural land. He further submits that, upon considering the respective claims of the parties, the Civil Court passed a decree in favour of the petitioners in O.S.No.109 of 2016 on the file of the Principal Junior Civil Judge, Siddipet. It is submitted that, in the backdrop of the said civil dispute and the resultant strained relations between the parties, the present crime has been foisted against the petitioners. He further submits that, even if the alleged incident is taken at its face value, the allegation against petitioners/Accused Nos.2 to 4 is that they used sticks in causing injuries to the victim. However, the prosecution has invoked Section 118(2) of the BNS as though a dangerous weapon had been used in the commission of the offence and the section of law has been altered allegedly with a view to denying the petitioners the benefit of the statutory safeguard contemplated under Section 35(3) of the BNSS. Nevertheless, learned counsel submits that the petitioners have no intention of evading or obstructing the investigation and are ready and willing to appear before the Investigating Officer and extend their full cooperation in the course of investigation. In the aforesaid circumstances, learned counsel prays that this Court may be pleased to grant anticipatory bail to the petitioners. In the alternative, he prays that the Investigating Agency may be directed to act in accordance with law by issuing a notice to the petitioners under Section 35(3) of the BNSS, thereby safeguarding them from any unwarranted coercive action.
6. Learned Additional Public Prosecutor opposed the petition and submitted that the involvement of the petitioners in the alleged incident is prima facie evident from the statements of the witnesses, including the victim. He further submitted that, as grievous injury was caused in the course of the incident, the section of law was altered from Section 118(1) to Section 118(2) of the BNS. He submits that the investigation is still in progress and that the presence and cooperation of the petitioners are essential for the purpose of investigation. It is further contended that grant of anticipatory bail may result in the petitioners not cooperating with the investigation. On these grounds, prayed for dismissal of the petition.
7. I have carefully considered the rival submissions and have perused the material available on record.
8. The allegation against the petitioners is that they, along with the other accused, beat the father of the de facto complainant with sticks and caused grievous injuries to him. Having regard to the certification of the Medical Officer and the injuries sustained by the victim, namely, blunt trauma to the lower back, blunt trauma to the left hand and blunt injury to the head, as well as the allegation regarding the use of sticks in causing the injuries. Taking into consideration the aforesaid circumstances and in particular, the categorical undertaking given by the petitioners to appear before the Investigating Officer and participate in and extend full cooperation with the investigation, this Court, without expressing any opinion on the merits of the case, considers it appropriate to extend to the petitioners the statutory safeguard contemplated under Section 35(3) of the BNSS.
9. Accordingly, the petitioners are directed to appear before the Station House Officer, Chinnakodur Police Station, Siddipet District within one week from the date of receipt of a copy of this order. Upon such appearance, the Investigating Officer shall issue a notice to the petitioners under Section 35(3) of the BNSS in Crime No.308 of 2025 and shall thereafter proceed strictly in accordance with law, duly adhering to the principles and guidelines enunciated by the Hon'ble Supreme Court in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273. The petitioners shall, in turn, extend full cooperation to the Investigating Officer during the course of investigation. It is made clear that all issues arising out of the allegations and the applicability of the relevant provisions of law are left open to be considered and dealt with by the Investigating Agency in accordance with law during the course of the investigation.
10. With this direction, this Criminal Petition is disposed of. Pending miscellaneous applications, if any, shall stand closed.
|
| |