CRLP/14808/2026 of B. Harsha Vs The State ofTelangana on 18 September 2026

ORDER:

This Criminal Petition is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”), seeking the relief of anticipatory bail.

2. The petitioner is Child in Conflict with Law (for short “CCL-3”) in FIR No.1141 of 2026 on the file of Jawaharnagar Police Station, Malkajgiri, registered for the offences punishable under Sections 10991), 127(2), 191(2), 125(a), 211, 118(1), 351(2) read with 190 of Bharatiya Nyaya

Sanhita, 2023 (for short, “BNS”) and Section 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short “SC/ST (POA)Act”).

3. Heard Mr.K. Raju, learned counsel for the petitioner and Mr.Syed Yasar Mamoon, learned Additional Public Prosecutor representing the respondent-State.

4.1. The prosecution case, in brief, is that on 07.08.2026, at about 11:00 PM, the injured minor victim was proceeding towards the washroom. At that time, CCL-1 is alleged to have called the victim on the pretext of discussing an earlier dispute. Thereafter, the petitioner, along with the other accused, allegedly assaulted the victim with their hands and with a stick, broom and jug, thereby causing severe bleeding injuries.

4.2. It is further alleged that Accused Nos.10 to 12, who are stated to be members of the hostel management, were aware of the assault but concealed the incident with a view to protecting the reputation of the school. They allegedly falsely represented that the victim had fallen down the staircase.

Pursuant to the report lodged by the father of the victim, the present crime came to be registered.

5.1. Learned counsel for the petitioner submits that the petitioner is a minor and that, even as per the prosecution report, no specific overt act or individual attribution is made against the petitioner. As regards the allegation of attempt to commit murder, it is submitted that there is presently no material or circumstance substantiating the said allegation.

5.2. It is further submitted that the petitioner has no personal enmity with the victim and that invocation of the provisions of the SC/ST (POA) Act, in the absence of any specific allegation attracting its provisions, is unsustainable and petitioner belongs to the Scheduled Caste community and that he has been falsely implicated without attribution of any specific overt act.

5.3. Learned counsel submits that, even accepting the allegations at their face value, the incident arose out of a student dispute and the alleged use of a stick, broom, jug and other articles does not, by itself, establish any common intention to cause the victim’s death. It is further submitted that the petitioner is a student preparing for his 10th Class examinations and that his detention at this stage may adversely affect his academic future.

5.4. Learned counsel submits that JCBL Nos.1, 2, 5 and 9 in the present crime have already been granted anticipatory bail vide order dated 07.09.2026 in Crl. Petition No.14028 of 2026 and as the petitioner stands in similar footing to that of JCBL Nos.1, 2, 5 and 9, entitled to the benefit of parity. He further submits that the petitioner undertakes to cooperate with the investigation and participate in the judicial proceedings as and when required.

6.1. Per contra, learned Additional Public Prosecutor opposes the application, and fairly submits that the other CCLs who stand in the same footing of the petitioner were granted with anticipatory bail.

6.2. It is further submitted that the investigation is still in progress and that the petitioner’s presence may be required for proper enquiry and completion of the investigation. On these grounds, learned Additional Public Prosecutor prays for dismissal of the anticipatory bail application.

7. I have carefully considered the rival submissions and perused the material available on record.

8. The gravamen of the allegations against the petitioner is that, on the relevant date, he along with the other accused, allegedly assaulted the victim with their hands and with a stick, broom and jug, thereby causing injuries to him. It is further alleged that, subsequent to the occurrence, the hostel management attempted to conceal the incident by representing that the victim had sustained the injuries on account of a fall from the staircase.

9. At the outset, it is necessary to bear in mind that the petitioner is stated to be children in conflict with law. The Juvenile Justice (Care and Protection of Children) Act, 2015 is a beneficial and special legislation intended to secure the care, protection, development, treatment, rehabilitation and social reintegration of children in conflict with law. Section 10 of the Act contemplates the apprehension of a child in conflict with law and prescribes safeguards governing the manner in which such child is to be dealt with, while Section 12 provides for release on bail, subject to the exceptions contained therein. In particular, Section 12(1) creates a statutory preference in favour of release of a child on bail, irrespective of whether the alleged offence is bailable or non-bailable, unless the conditions specified in the proviso thereto are attracted.

10. The question whether a child in conflict with law can invoke the jurisdiction for anticipatory bail under Section 482 of the BNSS, however, has received divergent judicial consideration. While certain High Courts have taken the view that the special scheme of the Juvenile Justice Act, particularly Sections 10 and 12 thereof, constitutes a complete code and consequently excludes the remedy of anticipatory bail, other High Courts have held that the Act does not expressly bar the jurisdiction under the corresponding provision for anticipatory bail. The latter view proceeds, inter alia, on the reasoning that Sections 10 and 12

operate upon apprehension or production of the child and therefore do not necessarily exclude a remedy available at the pre-apprehension stage.

11. This Court, while exercising jurisdiction under Section 482 of the BNSS, is therefore required to harmonise the power to grant anticipatory bail with the protective and reformative scheme of the Juvenile Justice Act. In considering such relief, the Court must have regard not merely to the gravity of the accusation but also to the age of the petitioners, the nature and specific attribution of the allegations, the statutory safeguards available to a child in conflict with law, the possibility of the child being exposed to any physical, psychological or moral danger, and whether the release of the child would otherwise defeat the ends of justice. The statutory considerations embodied in the proviso to Section 12(1) of the Juvenile Justice Act are, therefore, relevant while considering the prayer for pre-arrest protection.

12. In the present case, the allegations, though serious in nature, essentially relate to an assault arising out of an alleged dispute between students. The prosecution case attributes the assault to the petitioner along with other accused, but the material presently placed before the Court does not indicate any specific circumstance demonstrating a genuine necessity for custodial interrogation of the petitioner. The petitioner is stated to be a minor, is pursuing his education, and has expressed his willingness to cooperate with the investigation and to participate in the judicial process. The Court must also bear in mind that the object of the Juvenile Justice Act is not punitive in its approach but is directed towards the care, protection, rehabilitation and social reintegration of children in conflict with law.

13. Having regard to the nature and extent of the allegations, the age of the petitioner, the absence of any material presently demonstrating a compelling requirement for his custodial interrogation, the CCLs who are facing selfsame allegations were granted anticipatory bail and his undertaking to cooperate with the investigation and comply with the conditions imposed by the Court, this Court is of the considered opinion that the petitioner has made out a fit case for grant of anticipatory bail.

14. It is, however, made clear that the protection granted herein shall not dispense with the petitioner’s obligation to cooperate with the investigation or to appear before the Juvenile Justice Board or any other competent authority as may be required in accordance with law. The petitioner shall remain subject to the statutory scheme and safeguards prescribed under the Juvenile Justice (Care and Protection of Children) Act, 2015.

15. For the aforesaid reasons, this Criminal Petition is allowed, subject to following conditions. (A) The petitioner/CCL-3 shall surrender before the Juvenile Justice Board concerned, on or before 05.10.2026. Upon such surrender or in the event of arrest the Station House Officer shall release him on bail on execution of a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties for a like sum, to the satisfaction of the said officer. (B) The petitioner shall appear before the Investigating officer as and when required from the date of his release on bail or until the filing of the final result, whichever is earlier. (C) The petitioner shall remain available for investigation as and when required by the Investigating Officer and shall cooperate fully with the investigation. (D) The petitioner shall furnish his complete residential address and contact details to the Investigating Officer and shall keep the same updated throughout the course of investigation. (E) The petitioner shall not either directly or indirectly induce, threaten, influence, or contact any prosecution witness, nor shall he tamper with the prosecution evidence in any manner whatsoever.

(F) The petitioner shall strictly comply with all the conditions contemplated under Section 482(2) of the BNSS. (G) Any willful breach or violation of any of the aforesaid conditions shall render the petitioner liable to appropriate proceedings before the court below, including cancellation of bail, in accordance with the provisions of the BNSS and other applicable law.

Miscellaneous applications, if any pending, shall stand closed.

_______________ N.TUKARAMJI, J Date: 18.09.2026

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THE HONOURABLE SRI JUSTICE N.TUKARAMJI

CRIMINAL PETITION No.14808 OF 2026

DATE : 18.09.2026

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