Syed Majeed @ Syed Mazeed & Anr. vs The State Of Telangana

These Criminal petitions are filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS'), seeking grant of anticipatory bail.

Since the petitioners in both the petitions are accused in the very same crime and are facing identical allegations, both the petitions were heard together and are being disposed of by way of this common order.

Hearc Mr.Uday Kumar Kukkadapu, learned counsel for the petitioners and Mr.Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for the respondent-State.

The petitioners are arrayed as accused Nos.1 to 3 in Crime No.382 of 2026 on the file of the Sadasivpet Police Station, Sangareddy District, facing accusations under Sections 352, 115(2), 118(2) of the Bharatiya Nyaya Sanhita (for short, 'BNS') and Sections 3(2)(va), 3(1)(r) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, "SC/ST (POA) Act".

Briefly stated, the case of the prosecution is that, on 08.07.2026 at about 8:00 p.m., while the nephews of the de facto complainant were playing in front of his house, the accused, who are neighbours, approached them, abused them in filthy language and beat them with their hands. When the de facto complainant questioned the accused about the incident, Accused No.1 is alleged to have abused him in filthy language and assaulted him by beating him with his hands. Pursuant to the report lodged by the de facto complainant, a crime came to be registered.

Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the alleged offence and that, even on a bare reading of the police report, the invocation of the provisions of the SC/ST (POA) Act, is prima facie unwarranted. He further submits that, although the allegation is that the petitioners assaulted the de facto complainant and his nephews with their hands, the police, taking into consideration the medical report indicating a fracture of the tooth, treated the injury as grievous in nature and altered the provision of law to Section 118(2) of the BNS, notwithstanding that there was no allegation of the use of any dangerous weapon as contemplated under the said provision. Learned counsel, however, submits that the petitioners are ready and willing to cooperate with the investigation and to abide by any conditions that may be imposed by this Court. Apprehending coercive action, he therefore prays for appropriate relief by way of pre-arrest bail, or, in the alternative, for a direction to the investigating agency to issue notice under Section 35(3) of the BNSS.

Learned Additional Public Prosecutor submits that there are specific allegations against the petitioners. He submits that, having regard to the injury sustained by the de facto complainant, the provision of law has been altered to Section 118(2) of the BNS and that the investigation is still in progress. He further submits that the provisions of the SC/ST (POA) Act, have also been invoked and that the de facto complainant has been notified in accordance with law. It is further submitted that the presence of the petitioners may be required for the purpose of investigation and that their custodial interrogation may also be necessary. On these grounds, learned Additional Public Prosecutor prays for dismissal of the petition.

I have carefully considered the rival submissions of learned counsel for the parties and perused the material available on record.

The specific allegations against the petitioners are that, while the nephews of the de facto complainant were playing along with another accused, the accused allegedly abused them and assaulted them by beating them with their hands. When the de facto complainant questioned the accused regarding the incident, Accused No.1 is alleged to have also assaulted him by beating him with his hands. Having regard to the allegations constituting the prima facie case against the petitioners, and considering the nature of the incident wherein the petitioners are alleged to have assaulted the victims with their hands, while keeping open all the prerogatives of the investigating agency with regard to the offences under Section 118(2) of the BNS and the provisions of the SC/ST (POA) Act, and taking into consideration the willingness expressed by the petitioners to cooperate with the investigation, I am of the view that it would be appropriate to direct the investigating agency to serve notice upon the petitioners under Section 35(3) of the BNSS and proceed with the investigation in accordance with law.

Accordingly, the petitioners are directed to appear before the Station House Officer, Sadasivpet Police Station, Sangareddy 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.382 of 2026 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.

With this direction, these Criminal Petitions are disposed of. Pending miscellaneous applications, if any, shall stand closed.