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High Court for State of TelanganaCRLP/2021/2026allowed no costs

Aley Avinash v. The State Of Telangana.,

2026-03-02K. Sujana6 pages

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.2021 of 2026 DATE: 02.03.2026 BETWEEN:

Aley Avinash .....petitioner/accused No.6 And The State of Telangana, Rep. by Public Prosecutor, High Court for the State of Telangana, at Hyderabad.

.....Respondent/complainant

ORDER

This Criminal Petition is filed praying this Court to enlarge the petitioner on bail who is arrayed as accused No.7 in Crime No.02 of 2026 before the Kamatipura Police Station,

Hyderabad, registered for the offence punishable under Section 109 read with 3(5) of BNS.

2.

The brief facts of the case are that on 03.01.2026, based on a written complaint lodged by the wife of the injured, the police registered a case alleging that her husband, Amit Singh, had prior acquaintance with one Pooja, which later developed into an illicit relationship, leading to disputes. It was alleged that on the same day, Pooja, in conspiracy with Ravi and four to five others, lured Amit Singh to a temple area at Maharaj Gunj and attacked him with a knife, causing multiple stab injuries on his stomach, chest, and abdomen with an intention to kill him, after which he was shifted to Osmania Hospital for treatment.

3.

Heard S.

Viplav Simha Reddy, 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 was innocent and had been falsely implicated in the case without any direct involvement, nexus, or mens rea, and

that the entire case diary did not disclose any specific overt act attributed to him except the alleged statement of coaccused. He further submitted that the petitioner was merely a bystander with no connection to the main accused or the alleged incident, and that the alleged offences were not attracted in the absence of prima facie material showing his participation in any conspiracy or attack. He contended that the petitioner had been in judicial custody since 08.01.2026, investigation was substantially completed. Therefore, he prayed the Court to grant bail to the petitioner by allowing this Criminal Petition.

5.

On the other hand, learned Additional Public Prosecutor had opposed the petition and submitted that the investigation revealed the involvement of the petitioner along with the coaccused in the attack on the victim, and the material collected during investigation prima facie established his role in the commission of the offence. He contended that the offences alleged were grave in nature and further, the investigation was not yet completed. At this stage, granting of bail to the petitioner does not arise. Therefore, he prayed the Court to dismiss the criminal petition.

6.

In the light of the submissions made by both the learned counsel and a perusal of the material available on record, it appears that the petitioners are in jail since 08.01.2026. As seen from the record, the material part of the investigation has been completed and L.Ws.1 to 26 witnesses have been examined.

Considering the facts and circumstances of the case and the incarceration period of the petitioner, 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 learned Chief Judicial Magistrate, 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: 02.03.2026 SAI

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.2021 of 2026 Date: 02.03.2026 SAI