The Telangana High Court has granted anticipatory bail to six individuals accused of assaulting the District Collector. The decision arose from a Criminal Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), seeking pre-arrest bail concerning an FIR registered against the accused. A Single Judge Bench of Justice K. Lakshman observed, “… 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.”

Factual Background

The allegations against the Petitioners were framed under Sections 191(2), 191(3), 109, 121(1), 126(2), 324(4) read with 190 of the Bharatiya Nyaya Sanhita (BNS) and Section 3 of the Prevention of Damage to Public Property Act (PDPP Act). According to the Complaint, the alleged incident occurred on November 11, during a public opinion program organized for the establishment of a pharmaceutical company. The District Collector, accompanied by the complainant, arrived at the outskirts of a village to conduct the program. However, finding no participants at the designated location, the Collector proceeded to the village to hold the meeting upon receiving a request.

It was alleged that the villagers, acting as part of a pre-planned arrangement, assembled unlawfully with stones and sticks. Upon the Officers' arrival, the Petitioners, along with others, allegedly blocked the Collector’s vehicle, raising slogans. It was further alleged that the accused attacked the Special Officer, necessitating the immediate evacuation of the District Collector. Additionally, the accused were purported to have caused damage to another vehicle belonging to the Collector. Subsequently, a Complaint was lodged, and the accused sought anticipatory bail from the High Court.

Observations of the Court

In light of the facts, the Court remarked, “… 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 further noted the absence of specific overt acts attributed to the Petitioners and highlighted that the fifth Petitioner’s name was not originally mentioned in the Complaint but was subsequently included during the investigation. Additionally, it was observed that the identification of the Petitioners had not been completed. The Court took into account that the Petitioners were agriculturists and that the sixth Petitioner was a 58-year-old woman.

It also noted the submission of the Petitioners’ counsel, who argued that police had arrested 34 accused and identified 71 accused persons in connection with Crime No. 153 of 2024. Allegations of harassment and the use of third-degree interrogation methods by the police were also raised, resulting in male residents of three villages reportedly avoiding staying in their homes due to fear. Taking into consideration these factors, the Court granted anticipatory bail to the Petitioners.

Mr. R. Prashanth, Advocate appeared for the petitioners and Mr. Palle Nagreshwar Rao, Public Prosecutor appeared on behalf of respondent - State

Cause Title: Pathlavath Gopal Naik & Ors. v. The State of Telangana

Case No: Criminal Petiton 14931/2024

Date: December-18-2024

Bench: Justice K. Lakshman

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