Shaik Nazeer v. The State Of Telangana

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.2269 of 2025 ORDER:

Seeking the Court to enlarge the petitioner/accused No.1 in Crime No.388 of 2024 of Masab Tank Police Station, Hyderabad, on bail, the present Criminal Petition is filed. 2.

The brief facts of the case are that the accused despite collecting the huge amounts from the de-facto complainant under the guise of gold scheme by suppressing the fact that he was terminated from his job, failed to either repay the amount or release the gold. Hence, a case was registered vide Crime No.388 of 2024 before the Masab Tank Police, Hyderabad, for the offences punishable under Sections 318(4) and 316(4), 316(5) of the BNS.

3.

Heard Sri Mandala Nagendra Babu, learned counsel appearing on behalf of the petitioner as well as Sri Syed Yasar Mamoon, learned Additional Public Prosecutor appearing on behalf of the respondent-State.

4.

Learned counsel for the petitioner firstly submitted that the petitioner already paid the amount and he is also ready to pay the remaining amount. He secondly submitted that all the material witnesses were examined, and further detention of

the petitioner is unnecessary. He thirdly submitted that the petitioner has been in judicial custody since 02.02.2025, causing undue hardship to his family. He lastly submitted that the petitioner is resident of Khammam District, with movable and immovable properties, and is willing to furnish sureties as directed and prayed the Court to grant bail to the petitioner by allowing this criminal petition. 5.

On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioner stating that the investigation is not yet completed, therefore, granting bail to the petitioner, at this stage, does not arise. Hence, he prayed the Court to dismiss the criminal petition.

6.

After considering submissions from both the parties and reviewing the record, since the petitioner is languishing in jail from 02.02.2025 and material part of investigation is also completed, this Court deems it fit to grant bail to the petitioner subject to the following conditions: i.

The petitioner shall execute a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each, with two sureties for a like sum each to the satisfaction of the

VI Additional Chief Judicial Magistrate at Nampally, Hyderabad.

ii.

The petitioner shall appear before the concerned SHO at 11:00 a.m., on every Monday for a period of eight (8) week or till filing of charge sheet whichever is earlier, for the purpose of investigation, and thereafter, as and when required.

iii.

The petitioner shall abide by the conditions stipulated in Section 437(3) of Cr.P.C.(presently, Section 480(3) of the BNSS).

7.

Accordingly, the Criminal petition is allowed. Miscellaneous applications, if any pending, shall stand closed.

_______________ K. SUJANA, J Date: 21.02.2025 gms

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.2269 of 2025 Date: 21.02.2025 gms