B.Shiva vs State

K. Rajasekar, J

The petitioner apprehends arrest for the alleged offence under Sections 296(b), 115(2), 118(1), 351(3) of Bharatiya Nyaya Sanhita (BNS) 2023 subsequently altered into Sections 296(b), 109(1) of BNS 2023, again it was altered into Section 103(1) of BNS 2023 (Under section 302 of I.P.C), in Crime No.88 of 2025, on the file of the respondent police, seeks anticipatory bail.

The allegation against the petitioner is that he joined hands with the other accused, quarrelled with the defacto complainant, attacked him with a wooden log causing injuries, and threatened him. Hence, the present complaint has been registered.

The learned counsel for the petitioner submitted that the petitioner is innocent and has falsely implicated in this case. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed to grant anticipatory bail to the petitioner.

The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that due to land a dispute, a quarrel arose between the petitioner and the defacto complainant, during which the petitioner attacked the defacto complainant. The defacto complainant was immediately admitted to the hospital, where he subsequently succumbed to the injuries. Consequently, the case has been altered into one under the offence of murder. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl Side) for the respondent and perused the entire materials available on record.

This being the second application for anticipatory bail, and taking into consideration the facts and circumstances of the case, the nature and gravity of offence committed by the petitioner, this Court finds no change in circumstances that would warrant granting anticipatory bail to the petitioner. Therefore, this Court is not inclined to grant anticipatory bail to the petitioner.

Accordingly, this Criminal Original Petition is dismissed.