Mohammed Asifuddin, v. The State Of Telangana,
THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.2737 of 2025 ORDER:
The present Criminal Petition is filed, seeking the Court to enlarge the petitioner, on bail, who is arrayed as accused No.AO-1 respectively in Crime No.01/ACB-KNR/2025 of Anti Corruption Bureau Police Station, Karimnagar Range. The offence alleged against the petitioner are under Sections 7 (a) and 12 of the Prevention of Corruption Act (As amended in 2018).
2.
The facts of the case are that basing on the complaint the ACB laid trap, wherein they recovered tainted money from A.3 and the complaint is that A.1 and A.2 demanded money and also directed to give the same to A.3. As such, case was registered against the accused.
3.
Heard Sri Karam C. Komireddy, learned counsel for the petitioner and learned Special Standing Counsel, appearing for the respondent.
4.
The contention of learned counsel for the petitioner is that there is no demand by AO-1 and no amount is recovered from him. The petitioner/AO-1 is falsely implicated in this case. AO-1 is in judicial custody since 16.01.2025. As such, prayed to grant bail to the petitioner/AO-1.
5.
On the other hand, learned Special Standing counsel filed counter stating that there are serious allegations against the petitioner. There is clear evidence that AO-1 along with A.2 demanded bribe amount, through A.3 document writer and on the date of trap bribe amount of Rs.5000/- was received by A.3, as per the instructions of AO-1 and A.2 and the demanded amount was recovered from the possession of A.3. The investigation is still at initial stage and an application was filed before the Court for nominating the Magistrate for recording the statement of complainant under Section 183 (5) of BNSS. As such, he requested the Court to dismiss the criminal petition.
6.
Considering the submissions made by both the counsel and the material on record, the allegations leveled against AO1 is that he along with A.2 demanded bribe amount and also
directed to give the same to A.3, whereas there is no recovery from AO-1. Further, AO-2 was granted bail by the trial Court. Furthermore, statements under Section 164 Cr.P.C. (Section 183 of BNSS) have been recorded, and a substantial part of the investigation has been completed. Considering the facts and circumstances of the case, as well as the petitioner's incarceration, 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), with two sureties for a like sum each to the satisfaction of the learned Special Judge for SPE and ACB Cases, Karimnagar.
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, this Criminal Petition is allowed. Miscellaneous applications, if any pending, shall stand closed.
_______________ K. SUJANA, J Date: 03.03.2025 SAI
THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.2737 of 2025 Date: 03.03.2025 SAI