Allegations Are General In Nature: Telangana HC Grants Anticipatory Bail To 6 Persons Accused Of Attacking District Collector
The Telangana High Court has granted anticipatory bail to six persons who were accused of attacking District Collector.
The Court was dealing with a Criminal Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) seeking anticipatory bail in the event of arrest in connection with an FIR.
A Single Bench of Justice K. Lakshman said, “… there is no evidence that petitioners gathered there with an intention to kill the officers including LW-22. In fact LW-4 to LW-7 stated that petitioners and others tried to attack the officers without opening dialogue and therefore they went away. Prima-facie the allegations are against A-2. There are no specific overt acts against the petitioners herein. The role played by each of the accused in commission of offence is not stated by any of the witnesses. The allegations are general in nature.”
Advocate R. Prashanth appeared for the Petitioners while Public Prosecutor Palle Nagreshwar Rao appeared for the Respondent.
Facts of the Case -
The offences alleged against the Petitioners were under Sections 191 (2), 191 (3), 109, 121 (1), 126 (2), 324 (4) read with 190 of the Bharatiya Nyaya Sanhita (BNS) and under Section 3 of the Prevention of Damage to Public Property (PDPP Act). As per the Complaint, the allegations levelled against the Petitioners were that on November 11 this year, the Complainant along with the District Collector went to the outskirts of a village for conducting public opinion program in view of proposed establishment of a pharma company. The Officers reached at the said place for public opinion but no one was there to participate in the same. The Collector was requested to conduct the meeting in the village itself and hence, he proceeded to the village in a vehicle.
It was alleged that as per the pre-plan, the villagers formed into an unlawful assembly with stones and sticks and when the Officers reached there, the persons including the Petitioners and others formed into an unlawful assembly and stopped the Collector’s vehicle with slogans. Allegedly, the accused persons attacked the Special Officer and hence, the District Collector was shifted immediately in his vehicle. Meanwhile, the accused persons damaged the other vehicle belonging to the Collector. Resultantly, a Complaint was lodged and the accused persons sought anticipatory bail before the High Court.
The High Court in view of the above facts, noted, “… it is relevant to note that to attract offence under Section 109 of BNS, there should be intention to kill. This Court has to see the nature of injuries, nature of weapons used by the petitioners. This Court has also to consider the parts on which the victims received the injuries. Ofcourse, this is an application filed under Section 482 of BNSS seeking anticipatory bail. This is not an application filed under Section 528 of BNSS to quash the proceedings in Crime No.153 of 2024. Therefore, this Court has to consider the nature of accusations against the petitioners, injuries received by the victim and other factors as to whether the petitioners have intention to kill the victim, LW-22 and others.”
The Court said that there are no overt acts against the Petitioners, the name of the 5th Petitioner is not there in the Complaint, and that his name was included during the course of investigation. It added that the identification of the Petitioners is not yet completed.
“Petitioners herein are agriculturists. 6th petitioner is a woman and she is aged about 58 years. … It is the specific contention of the learned counsel for the petitioners that so far police have arrested 34 accused and they have included 71 accused in Crime No.153 of 2024. The police harassed all the 34 arrested accused and they were subjected to 3rd degree methods under the guise of interrogation”, it further noted.
The Court also said that the police have tortured 34 arrested accused and due to the said attitude of the police, male persons of the three villages are not sleeping in the village itself.
Accordingly, the High Court allowed the Application and granted anticipatory bail to the accused.
Cause Title- Pathlavath Gopal Naik & Ors. v. The State of Telangana
