Syed Mudassir Hussain 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.1154 of 2026 DATE: 11.02.2026 BETWEEN:

Syed Mudassir Hussain and others .....petitioners/accused Nos.1, 2 and 5 And The State of Telangana, Rep. by its Public Prosecutor, High Court for the State of Telangana at Hyderabad.

.....Respondent/complainant

ORDER

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 petitioners, who are arrayed as accused Nos.1, 2 and 5 in Crime No.165 of 2024 before the

Chikkadpally Police Station, Hyderabad, registered for the offences punishable under Sections 386, 326, 341 and 506 read with 34 of IPC.

2.

The brief facts of the case are that on 04.05.2024 at about 1:00 a.m., the complainant, Sri Syed Khaja Basheeruddin, while returning home after attending a marriage function at Ramkote, was allegedly intercepted near Apex School Road, Risala Jamisthan, by Syed Mudassir Hussain, Syed Mutamil Hussain, Shadab Nizami, Re Ali Re Kangkoni, Md. Amad, Chotu, and others. It was alleged that they wrongfully restrained him, assaulted him with sticks, threw him to the ground, and stomped on him, causing a fracture to his nose and rendering him unconscious. During the incident, a woman named Nurami allegedly took his mobile phone and cash of Rs.19,960/- from his pocket. After regaining consciousness, he went to Gandhi Hospital for treatment and subsequently lodged a complaint. 3.

Heard Sri Vishal Kedia, learned counsel appearing on behalf of the petitioners as well as Sri M. Ramachandra

Reddy, learned Additional Public Prosecutor appearing on behalf of the respondent - State.

4.

Learned counsel for the petitioners submitted that the petitioners are innocent and that the allegations made against them are false. He further submitted that there are previous disputes between the parties and that a civil suit is also pending in respect of the property dispute, and therefore, the petitioners have been falsely implicated. He contended that, except for Section 386 IPC, all the remaining offences are punishable with imprisonment of less than seven years. He further argued that in the remand report, the de facto complainant had clearly stated that Shadab Nizami extorted the amount and however, his name was later deleted from the remand report on the ground that the statement of L.W.1 was different, which itself shows that the case is false. Therefore, he prayed the Court to grant pre-arrest bail to the petitioners by allowing this Criminal Petition.

5.

On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioners stating that the allegations leveled against the

petitioners are serious in nature. Further, the investigation is not yet completed. At this stage, granting of pre-arrest bail to the petitioners does not arise. Therefore, he prayed the Court to dismiss the Criminal Petition.

6.

In light of the submissions made by both the learned counsel and upon perusal of the material available on record, it appears that the crime pertains to the year 2024 and that the name of accused No. 3 was deleted based on the statement of L.W.1. It is also observed that there are contradictory statements made by L.W.1. Considering the facts and circumstances of the case, as well as the previous disputes between the parties, this Court deems it fit to grant pre-arrest bail to the petitioners, subject to the following conditions:

i.

The petitioners shall surrender before the Station House Officer, Chikkadpally Police Station, Hyderabad, within two weeks from today, and on such surrender, the said Station House Officer shall release them on bail on executing a personal bond for Rs.25,000/-, each

with two sureties, for the like sum each.

ii.

The petitioners 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 petitioners shall appear before the concerned Investigating Officer on every Monday between 09:00 a.m, and 05:00 p.m., for a period of eight (8) weeks 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: 11.02.2026 SAI

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.1154 of 2026 ` Date: 11.02.2026 SAI