Abdul Khairath 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.2546 of 2026 DATE : 27.02.2026 Between:

Sri Abdul Khairath.

...Petitioner/Accused No.4

AND The State of Telangana, rep., by its Public Prosecutor, High Court for the State of Telangana.

...Respondent

ORDER:

This Criminal Petition is filed before this Court for grant of pre-arrest bail to the petitioner who is arrayed as accused No.4 in FIR No.11 of 2026 before the Chinthalamanepalli Police Station, Kumram Bheem Asifabad District, registered for the offences punishable under Sections 191(2), 118(1), 296(b), 351(2) of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS'). 2.

The case of the prosecution is that the de-facto complainant, lodged a report before the police on 17.01.2026

stating that the de-facto complainant has been working as a Supervisor in Golden Construction Pvt. Ltd., and road construction work has been underway for the past two months between Kothaguda Village and Babasagar Village. While the complainant was marking lines for the road, accused No.1 abused him in a filthy language and grabbed his collar over a petty matter. Later accused No.1 informed the same to his relatives, for which accused Nos.2, 3 and 4 assaulted the complainant and threatened to kill him, as such requested the police for taking necessary action. On receipt of the said complaint, the Police registered case against the accused for the offences as alleged.

3.

Heard Sri Sahithi Sri Kavya, learned counsel for 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 said allegations and he is aged about 17 years on the date of the alleged incident. Even though the petitioner is a juvenile, the Investigating Authority did not furnish any information. Learned counsel for the petitioner

further submitted that he has filed SSC Memo and Aadhar Card of the petitioner, which discloses the age of the petitioner. Therefore, he prayed the Court to grant pre-arrest bail to the petitioner by allowing this criminal petition. 5.

On the other hand, the learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioner, contending that the allegations against the petitioner is grievous in nature. It is further contended that the petitioner has actively participated in the said offence, as such he is not entitled for grant of bail. Therefore, he prayed the 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 appears that the petitioner is aged about 17 years old and considering the age of the petitioner as on the date of the alleged incident and considering the facts and circumstances of the case, this Court deems it fit to grant pre-arrest bail to the petitioner, subject to compliance of the following conditions: i.

The petitioner shall surrender before the Station House Officer, Chinthamanepalli

Police Station, Kumram Bheem Asifabad District, within two weeks from today, and on such surrender, the said Station House Officer shall release him on bail, on petitioner executing a personal bond for Rs.25,000/- (Rupees Twenty Five Thousand only), 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, 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., 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: 27.02.2026 SRK

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.2546 of 2026 Date: 27.02.2026 SRK