The Telangana High Court clarifies bail eligibility in offences involving vehicle damage and drunken driving when no injury is caused, reaffirms the discretionary application of bail considering the facts, stage of investigation, and duration of incarceration; affirms established precedent for similar cases under BNS and MV Act, and is binding on subordinate courts in Telangana.
Summary
| Category | Data |
|---|---|
| Case Name | CRLP/13169/2025 of Bhukya Naresh Vs The State of Telangana |
| CNR | HBHC010605062025 |
| Date of Registration | 09-10-2025 |
| Decision Date | 17-10-2025 |
| Disposal Nature | ALLOWED NO COSTS |
| Judgment Author | K. Sujana |
| Court | High Court for the State of Telangana |
| Bench | Single Judge Bench (K. Sujana, J.) |
| Precedent Value | Binding on subordinate courts in Telangana |
| Type of Law | Criminal Law (BNS, MV Act; Bail provisions) |
| Questions of Law |
|
| Ratio Decidendi |
The court held that when there is no injury to any person and the main allegation is vehicle damage while the accused is in intoxicated condition, bail may be considered after examining the facts, stage of investigation, number of witnesses examined, and duration of incarceration. The court found that the petitioner was in jail since 26.08.2025, material witnesses were already examined, and investigation was ongoing. In such circumstances, and with conditions imposed to ensure cooperation with investigation, bail was deemed appropriate. The order reiterates the discretionary power of the court to grant bail in non-serious, non-injury cases even involving allegations of drunken driving subject to adequate safeguards. |
| Facts as Summarised by the Court |
The accused drove in an intoxicated state, damaged a vehicle, and was remanded to custody due to lack of proper documents. No person was injured. He was in jail since 26.08.2025. The FIR was registered under Sections 110, 281 BNS, and Sections 184, 185, 196 of the MV Act. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts in Telangana |
| Persuasive For | Other High Courts |
What’s New / What Lawyers Should Note
- Clarifies that bail may be granted for offences under Sections 110, 281 BNS and related MV Act offences when no injury to person is involved, especially in cases of drunken driving and vehicle damage.
- Reaffirms the discretion of the court to grant bail considering the stage of investigation, the number of witnesses examined, and duration of incarceration.
- Sets a precedent that absence of injury and completion of main witness examination are relevant factors favouring bail.
- Lawyers may cite this for early bail in similar BNS/MV Act cases involving only property damage and no bodily harm.
Summary of Legal Reasoning
- The court considered the arguments about the applicability of Section 110 BNS, noting the absence of any injury to person, only vehicle damage, and the accused’s incarceration since 26.08.2025.
- Reviewed the investigation status and found that LWs 1 to 8 had already been examined, reducing the risk of tampering.
- Balanced the seriousness of the allegations against the fact that the accused was in jail for almost two months and most investigation steps were completed.
- Exercised judicial discretion to grant bail with conditions ensuring further cooperation in the investigation (e.g. regular station appearances, bond).
- Emphasised that the stage of investigation, gravity of offence (especially where injury is absent), and time already spent by accused in jail are determinative in bail decisions under such circumstances.
Arguments by the Parties
Petitioner
- Argued Section 110 BNS is not attracted as there was no injury to any person, only vehicle damage.
- Highlighted continued incarceration since 26.08.2025.
- Sought bail on grounds of absence of physical harm.
Respondent (State)
- Opposed bail on grounds of seriousness of the allegations (drunken driving, lack of documents).
- Argued that remand was proper due to the petitioner’s failure to produce valid documents.
- Requested dismissal of the bail petition.
Factual Background
A complaint was lodged on 24.08.2025, alleging that the petitioner, in a drunken condition, drove his vehicle and caused damage (no injury to persons) near Bawarchi restaurant, Hyderabad. Police registered FIR No. 565/2025 at Madhura Nagar PS under Sections 110, 281 BNS and Sections 184, 185, 196 MV Act. The petitioner lacked proper documents and was remanded to custody from 26.08.2025. Witnesses had already been examined by the time of the bail hearing.
Statutory Analysis
- Bail is considered under Section 437(3) CrPC, corresponding to Section 480(3) BNSS, requiring the accused to comply with conditions post-release.
- Offences charged are under BNS Sections 110 (relating to drunken driving causing danger or damage), 281 (likely relating to negligent conduct), and MV Act Sections 184 (dangerous driving), 185 (drunken driving), and 196 (driving without valid documents).
- The Court interpreted that absence of injury and status of investigation permitted granting of bail under statutory and discretionary principles.
Procedural Innovations
- The court imposed regular reporting to the Station House Officer every Monday for eight weeks or until the charge sheet is filed as a pre-condition for bail.
- Required execution of personal bonds and sureties as standard for bail in such cases.
- Directed compliance with the statutory conditions under the new BNSS provision for bail.
Alert Indicators
- ✔ Precedent Followed – Court applies and reaffirms established principles for bail in non-injury criminal cases involving vehicle damage and drunken driving.