Gulam Afzal Khan v. The State Of Telangana
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.888 of 2026 DATE: 04.02.2026 BETWEEN:
Gulam Afzal Khan.
... Petitioner/ Accused No.7 And The State of Telangana, represented by its Public Prosecutor High Court for the State of Telangana.
... Respondent
O R D E R
This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of pre-arrest bail to the petitioner, who was arrayed as accused No.7 in Crime No.147 of 2025 before the Central Crime Station, Hyderabad, registered for the offences punishable under Sections 318 (4) read with 61 (2) BNS and Section 5 of TSPDFE Act.
2.
Heard Sri Mohammed Aslam, learned counsel for the petitioner and Sri D.Arun Kumar, learned Additional Public Prosecutor appearing for the respondent-State. 3.
The case of the prosecution is that in the year 2019 the complainants were introduced to accused Javedulla Khan
through one Imran Ali of Dubai. Javedulla Khan along with his associates represented that they were running profitable ventures under the name "TK Trading" and promised 5% monthly return on investments, assuring that the capital was secure. Believing these representations, complainant No.2 invested Rs.46,00,000/- (Rs.40,00,000/- through bank transfer and Rs.6,00,000/- in cash) , while complainant No.1 invested Rs.83,00,000/- between September 2023 and April 2025 (Rs.61,00,000/- through bank transfer and Rs.22,00,000/- in cash). Initially small returns were paid to gain confidence, but later all payments were stopped and the accused refused to return the invested amounts. Subsequently inquiry revealed that crores of rupees were collected from several investors without authorization under RBI and SEBI regulations, and "TK Trading" was a fictitious entity created to cheat investors. When confronted, the accused allegedly threatened the complainants and abused them in filthy language.
4.
Learned counsel for the petitioner/accused No.7 submits that the petitioner was falsely implicated in this case though he has not committed any offence; the de facto complainants are strangers to the petitioner and he never met or saw them; that the police never arrayed him as accused, but
in the complaint, the name of the petitioner has been mentioned and police are visiting his house, as such he is having apprehension that the police under the influence of de facto complainants may implicate him and he may be arrested; that police arrested accused No.1 and later he was released on bail; that the petitioner is a private employee and he is having wife and children; that entire investigation has been completed and recorded the statements of the material witnesses except filing of charge sheet and that co-accused Nos.1, 4, 5 and 8 were already released on bail and hence, he prays this Court to grant Anticipatory Bail to him.
5.
On the other hand, learned Additional Public Prosecutor opposed the same and contended that the allegations in the FIR disclose that a large-scale financial fraud wherein crores of rupees were collected from unsuspecting investors under the guise of "TK Trading". The petitioner is arrayed as accused No.7; that investigation is at crucial stage and therefore, he prayed this Court to dismiss the Criminal Petition.
6.
Having regard to the rival submissions and material on record, it is noted that the petitioner is arrayed as accused No.7 in this crime. As seen from the remand case, there are no
specific allegations against this petitioner. Accused Nos.1, 4, 5 and 8 were already released on bail. Considering the same this Court is inclined to grant bail to the petitioner subject to the following conditions:
(i) The petitioner shall surrender before the Station House Officer, P.S. Insp., Admin (DD), Hyderabad, within two (2) weeks from today, and on such surrender, the petitioner shall be released on bail on executing a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties for a like sum each.
(ii) The petitioner shall abide by the other conditions stipulated in Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023 and co-operate with the Investigating Officer in investigating the case.
(iii) The petitioner shall appear before the concerned Investigating Officer on every Monday between 09:00 a.m, and 05:00 p.m., or till the filing of the charge sheet, whichever is earlier, and thereafter, as and when required. 7.
Accordingly, this Criminal Petition is allowed. Miscellaneous applications, if any pending, shall stand closed.
_________________ K. SUJANA, J Date: 04.02.2026 YVL