Shaik Imran v. The State Of Telangana, Through S.H.O., Echoda Police Station, Adilabad District,

THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.2849 of 2026 DATE :09.03.2026 Between :

Shaik Imran ... Petitioner/Accused And The State of Telangana, through P.S. Echoda, Adilabad District Rep. by Public Prosecutor, High Court for the State of Telangana, Hyderabad ... Respondent : ORDER :

This criminal petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, by petitioner/Accused seeking anticipatory bail in connection with Crime No.39 of 2026 of Echoda Police Station, Adilabad District. Initially the offences alleged against the petitioner are under Sections 329(4), 118(1), 117(2) and 296(b) of Bharatiya Nyaya Sanhita, 2023. After receipt of Injury Certificate, Police filed alternation memo altering the Sections of law for the offences under Sections 329 (4), 118(2), 117(2) and 296 (b) of Bharatiya Nyaya Sanhita, 2023 as the injury is grievous in nature.

2.

The facts of the case are that the de-facto complainant lodged a complaint before police on 25.01.2026 stating that on 24.01.2026 at about 9.00 hours, while the defacto complainant was standing in front of his house, he spoke casually with accused and jokingly asked him to give him a tea at the hotel. At that time, the accused abused the complainant using filthy language and assaulted him by hitting on his jaw which his hand, due to which one of his teeth broke and blood started coming from complainant mouth. When the complainant questioned him as to why he had assaulted him the accused again came to his house, picked up a wooden stick and struck him on his shoulder, causing swelling and injury. After treatment complainant lodged complaint before police for taking necessary action, basing on the same, Police registered the case against the accused for the above offences.

3.

Heard Sri Rudresh Deshpande, learned counsel for the petitioner as well as Sri M. Ramachandra Reddy, learned Additional Public Prosecutor for respondent-State. 4.

The contention of learned counsel for the petitioner is that petitioner is innocent of the said allegations. He further submitted that there are no grounds to alter the section of law as no weapon was used by the petitioner, therefore, Section

118(2) of BNS is not applicable to the present case. He further submitted that in view of alteration of section of law there is threat of arrest of petitioner and petitioner is ready to cooperate with the Investigating Authority. Hence, he prayed this Court to grant anticipatory bail to the petitioner.

5.

On the other hand, learned Additional Public Prosecutor opposed bail stating that the allegations against the petitioner are serious in nature and as the victim sustained grievous injury as per injury certificate the Section of law is altered to Section 118 (2) of BNS offence. Therefore, the petitioner is not entitled for anticipatory bail and requested this Court to dismiss the petition.

6.

Considering the submissions made by both the parties and the material on record, petitioner herein has already served notice under Section 35(3) of BNSS before altering the section of law and there is no such information furnished by the learned Addl. Public Prosecutor stating that the petitioner is not cooperating with Investigating Authority and also considering the progress of investigation as LWs.1 to 5 were examined, this Court deems it fit to grant anticipatory bail to the petitioner subject to the following conditions:

i.

The petitioner shall surrender before the Station House Officer, Echoda Police Station, Adilabad District within two weeks from today, and on such surrender, the said Station House Officer shall release the petitioner on bail on his executing personal bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, for the like sum each.

ii. The petitioner shall appear before the concerned SHO between 09.00 a.m and 5.00 p.m., on every Monday for a period of eight (8) weeks, for the purpose of investigation or till filing of charge sheet whichever is earlier and thereafter, as and when required.

iii. The petitioner shall abide by the other conditions stipulated in Section 482 (2) of BNSS and cooperate with Investigating Officer in investigating the case.

7.

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

_______________ K. SUJANA, J Date: 09.03.2026 PN

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.2849 of 2026 Date: 09.03.2026 PN