Fardhan @ Meer Fardhin Ali v. The Sate Of Telangana
THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.1519 of 2025 ORDER:
This Criminal Petition is filed for grant of pre-arrest bail to the petitioners, who are arrayed as accused Nos.1 and 2 in Crime No.666 of of Choutuppal Police Station, Rachakonda Commissionerate.
2.
The brief facts of the case are that on 23.09.2024, de facto complainant lodged a complaint at the Choutuppal Police Station, stating that his son, Surakanti Balakrishna Reddy, and friends were attacked by unknown persons in a white i10 car at Thirumala Township. The altercation began when the occupants of the car drove rashly and made provocative comments. During the fight, Arun Kumar, Balakrishna Reddy, and Surendher Goud sustained stab injuries. The complainant requested legal action against the unknown assailants. 3.
Heard Sri K. Tarun Krishna Prasad, learned counsel representing Sri B. Sathish, learned counsel appearing on behalf of the petitioners as well as Sri Syed Yasar Mamoon,
learned Additional Public Prosecutor appearing on behalf of respondent - State.
4.
Learned counsel for the petitioners submitted that the petitioners are innocent and the allegations against them are false stating they were brutally attacked by the associates of the de facto complainant on 23.09.2024, in Choutuppal. He further submitted that the petitioners have visited the town to meet a relative and were confronted by a drunken mob, who recognized one of the accused, Numan, and attacked them with weapons. The petitioners suffered severe injuries and underwent treatment and that they were falsely implicated in a case by the Police, who allegedly colluded with the de facto complainant. 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. He further submitted that there are cases and counter cases are pending against each other. Therefore, at this stage, granting of bail to the petitioners
does not arise. Hence, he prayed the Court to dismiss the criminal petition.
6.
After considering the submissions made by both the learned counsel and reviewing the material available on record, it is evident that case and counter case are pending against each other. Notably, the petitioners have also sustained severe injuries. Further, the material part of the investigation is completed and 9 witnesses were examined. In light of these facts and circumstances, this Court deems it appropriate to grant pre-arrest bail to the petitioners subject to the following conditions:
i.
The petitioners shall surrender before the Station House Officer, Choutuppal Police Station, Rachakonda Commissionerate, 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/- 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., till the filing of the charge sheet 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: 13.02.2025 SAI
THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.1519 of 2025 Date: 13.02.2025 SAI