1. The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the Petitioner Nos.1 and 2/Accused Nos.1 and 2 for granting of pre-arrest bail in connection with Crime No.268 of 2025 of Narasaraopet Rural Police Station, Palnadu District, registered for the alleged offences punishable under Sections 118(2) and 351(2) read with 3(5) of Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’).
2. Sri A. Venkata Durga Rao, learned counsel for the petitioners, submits that there are disputes relating to land between the petitioners and the de- facto complainant. Taking advantage of this, the de-facto complainant has allegedly filed a false case against the petitioners to take vengeance. The petitioners are innocent, have not committed any offence, and have been falsely implicated. They are law-abiding citizens with fixed places of abode and are willing to abide by any conditions that this Court may deem fit while granting bail. It is further submitted that Petitioner No.2/Accused No.2 is about 61 years of age and is employed as an officer in the Nagarjuna Sagar Project, Narasaraopet and it is urged to enlarge the petitioners on pre-arrest bail.
3. Per contra, Mr. Neelotpal Ganji, the learned Assistant Public Prosecutor vehemently opposed the grant of pre-arrest bail to the petitioners on the ground that specific overt acts are attributed to them. It is submitted that the investigation is at a nascent stage and that the de-facto complainant suffered grievous injuries at the hands of the petitioners and it is urged to dismiss the petition.
4. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record.
5. As seen from the record, according to the statement given by the de- facto complainant to the police, Petitioner No.1/Accused No.1 allegedly caught hold of the de-facto complainant’s shirt. Meanwhile, Petitioner No.2/Accused No.2 allegedly fisted the de-facto complainant on the mouth indiscriminately, as a result of which the de-facto complainant lost three teeth and fell semi- conscious. Thereafter, the petitioners along with other persons allegedly assaulted the de-facto complainant. Petitioner No.2/Accused No.2 allegedly took a knife and attempted to attack the de-facto complainant; however, the younger son of the de-facto complainant, named Ashok, intervened and saved him. So far, seven witnesses have been examined.
6. Considering the facts and circumstances of the case and the nature and gravity of the allegations leveled against Petitioner No.1/Accused No.1, this Court is inclined to grant pre-arrest bail to Petitioner No.1/Accused No.1, as the allegations leveled against the Petitioner No.1/Accused No.1 are milder in nature.
7. However, in view of the severity of the allegations leveled against Petitioner No.2/Accused No.2, and the de-facto complainant suffered grievous injuries at his hands, this Court is not inclined to grant pre-arrest bail to Petitioner No.2/Accused No.2. Accordingly, the petition against the Petitioner No.2/Accused No.2 is dismissed. However, as per the request of the learned counsel for the petitioners, liberty is granted to the petitioner to surrender before the learned Jurisdictional Magistrate concerned within one (01) week from the date of receipt of copy of this order, and move an appropriate application before the learned Jurisdictional Court concerned. The learned Jurisdictional Court concerned shall make endeavor to dispose of the said application in accordance with law, on its own merits by giving due opportunity of hearing to the Public Prosecutor concerned, and pass appropriate orders within a reasonable time, preferably in one (01) week.
8. In the result, the Criminal Petition is partly allowed with the following conditions:
i. In the event of his arrest, the Petitioner No.1/Accused No.1 shall be enlarged on bail subject to his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties for the like sum each to the satisfaction of the arresting police officials;
ii. The Petitioner No.1/Accused No.1 shall make himself available for investigation as and when required;
iii. The Petitioner No.1/Accused No.1 shall not cause any threat, inducement or promise to the prosecution witnesses;
iv. The Petitioner No.1/Accused No.1 shall appear before the Station House Officer concerned once in a week i.e., on every Saturday between 10.00 a.m. and 5.00 p.m., till filing of the charge sheet.
v. The Petitioner No.1/Accused No.1 shall not leave the district limits without the express permission from the Station House Officer concerned.
vi. The Petitioner No.1/Accused No.1 shall surrender his passport, if any, to the investigating officer. If he claims that he does not have passport, he shall submit an affidavit to that effect to the Investigating Officer.




