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Judgment
This Criminal Petition is filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) praying this Court to enlarge the petitioners on bail who are arrayed as accused Nos.3 to 6, 9 and 12 in connection with Crime No.935 of 2026 of P.S. Medipally, Malkajgiri District. The offences alleged against the petitioners-A3 to A6, A9 and A12 are punishable under Sections 109, 329(4), 351(2), 352, 324(4), 79 r/w 3(5) of Bharatiya Nyaya Sanhita Act, 2023 (for short 'BNS').
Heard Ms. Radhika Palla, learned counsel for the petitioners- A3 to A6, A9 and A12 and Sri D.Arun Kumar, learned Additional Public Prosecutor, appearing for respondent – State.
Learned counsel for the petitioners submits that neither the complainant nor the Investigating Officer verified the identity of the persons involved before arraying them as accused. No proper identification of the petitioners - A3 to A6, A9 and A12 is conducted, their names have been included without verifying the photographs, facial identity or any other material capable of establishing their involvement. Petitioners - A3 to A6, A9 and A12 are law abiding citizens and no criminal antecedents are there against them. A7, A8, A10, A11 and A13 were enlarged on bail by the Principal District and Sessions Judge, Medchal-Malkajgiri District at Kushaiguda. Entire investigation is completed and prayed to enlarge the petitioners- A3 to A6, A9 and A12 on bail.
Learned Additional Public Prosecutor submits that the bail application filed by A13 is dismissed by this Court on 30.07.2026, the names of the petitioner Nos.2 and 4 - A4 and A6 are mentioned in the complaint, the role played by them depicted in the Remand Case Diary and prayed to dismiss the same.
Defacto complainant has lodged a complaint before P.S. Medipally on 28.06.2026 wherein he referred the names of petitioner Nos.2 and 4 - A4 and A6 and other accused. Complaint goes to show that 30 persons arrived on motor- cycles, armed with hockey sticks and wooden sticks, they damaged the parked vehicles and attacked them with sticks. On enquiry the defacto complainant came to know about the names of Sai, Anil, Nagaraju, Yakaiah, Sai Baba, Venu, Vishnu and Shiva.
Remand Case Diary dated 29.06.2026 goes to show that A1 to A13 were arrested on the above said date and produced before the learned Magistrate for remand.
A7, A8, A10, A11 and A13 were enlarged on bail by the learned Principal Sessions Judge, Medchal-Malkajgiri District at Kushaiguda vide Crl.M.P.No.517 of 2026-A7, Crl.M.P.No.516 of 2026-A8, A10 and A11 and Crl.M.P.No.515 of 2026-A13 vide orders dated 05.08.2026.
Specific overt acts are attributed against the petitioner Nos.2 and 4 - A4 and A6. In so far as the petitioner Nos.1, 3, 5 and 6 omnibus allegations are made against them. Since serious allegations are leveled against petitioner Nos.2 and 4 – A4 and A6, they are not entitled for bail. In so far as the petitioner Nos.1, 3, 5 and 6 – A3, A5, A9 and A12 they are entitled for bail.
In the result, petition is partly allowed. Petitioner Nos.1, 3, 5 and 6 – A3, A5, A9 and A12 are granted bail subject to the following conditions:
The petitioners Nos.1, 3, 5 and 6 - accused Nos. 3, 5, 9 and 12 shall execute personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties for a like sum each to the satisfaction of the learned PJCJ Cum IV Addl. JMFC, Medchal-Malkajgiri District, Uppal at Medipally.
The petitioners Nos.1, 3, 5 and 6 - accused Nos.3, 5, 9 and 12 shall appear before the concerned SHO in between 10:00 a.m. to 5:00 p.m., on every Sunday for a period of eight (8) weeks or till filing of charge sheet whichever is earlier, for the purpose of investigation and thereafter, as and when required.
The petitioners Nos.1, 3, 5 and 6 - accused Nos. 3, 5, 9 and 12 shall abide by the conditions stipulated in Section 437(3) of Cr.P.C. (presently, Section 480(3) of the BNSS).
The petitioners Nos.1, 3, 5 and 6 - accused Nos. 3, 5, 9 and 12 shall not directly or indirectly influence, threaten, or induce any of the prosecution witnesses.
In the event of violation of any of the above conditions, the prosecution is at liberty to file an application for cancellation of bail.
Petition against "petitioner Nos.2 and 4 - Accused Nos.4 and 6" is dismissed.
Miscellaneous applications, if any pending, shall stand closed.