Shek Feroz 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.1257 of 2026 DATE: 10.02.2026 BETWEEN:

Shek Feroz ..... Petitioner/Accused No.5 And The State of Telangana, Represented 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 petitioner, who is accused No.5, in Crime No.14 of 2026 before the Ichoda Police Station, Adilabad District, registered for the offence punishable under Section 305 of BNS. 2.

The brief facts of the case are that the de facto complainant lodged a report before the Police stating that he tied his cow and a pair of oxen in front of his house on 06.01.2026. On 07.01.2026, at 04.00 a.m. in the morning, when they returned to the house from Pendur holy place, they noticed that one oxen and one cow were missing. Immediately, they searched in surrounding places of the village along with the family members, but they did not found

them. Later, one person informed them that two days back, at night hours, he saw some cows running beside the road from Ichoda to Nirmal side. Then, he along with his friends searched and found one cow at Yellapalli Village of Nirmal, but oxen was not found. Based on the said report, the Police registered a case against the accused for the aforesaid offence. 3.

Heard Sri Ragam Vishal, learned counsel appearing on behalf of the petitioner as well as Sri M.Ramachandra Reddy, learned Additional Public Prosecutor appearing on behalf of the respondent - State.

4.

Learned counsel for the petitioner submitted that the petitioner is innocent of the allegations levelled in the complaint. Even though no specific allegations are attributed to the petitioner, he was arrayed as accused No.5. Accused Nos.1 to 4 in the crime were remanded to judicial custody and bail was granted to accused No.1. Therefore, custodial interrogation of the petitioner is not required and prayed this Court to grant pre-arrest bail to the petitioner by allowing this Criminal Petition. 5.

On the other hand, learned Additional Public Prosecutor filed counter, opposing the submissions made by the learned counsel for the petitioner, stating that the allegations against the petitioner are serious in nature, that the investigation is still ongoing, and

that custodial interrogation of the petitioner is necessary to ascertain as to how the cows and oxen went missing. At this stage, granting pre‐arrest bail to the petitioner does not arise, and hence, prayed this 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 is evident that except the allegation that the petitioner herein conspired with accused Nos.1 to 4, there is no other allegation against him and there is no recovery of any of the cow or oxen from the petitioner. In the said circumstances, it appears that the custodial interrogation of the petitioner is not required at this stage. Hence, this Court deems it fit to grant pre-arrest bail to the petitioner, subject to the following conditions: i.

The petitioner shall surrender before the Station House Officer, Ichoda Police Station, Adilabad District within two weeks from today, and on such surrender, the said Station House Officer shall release him on bail on executing a personal bond for Rs.25,000/- each with two sureties, for the 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: 10.02.2026 mnv

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.1257 of 2026 Date: 10.02.2026 mnv