Khader Shareef v. High Court For The State Of Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.3139 OF 2026 DATE : 30.03.2026 Between :

Khader Shareef.

...

Petitioner/Accused And The State of Telangana, Hussaini Alam PS, Hyderabad.

... Respondent : ORDER :

This criminal petition is filed praying this Court to enlarge the petitioner on bail who is arrayed as accused in Crime No.268 of 2025 before the Hussaini Alam Police Station, Hyderabad, registered for the offence punishable under Sections 64(2)(f1), 74, 118(1), 351(3) of BNS, Section 7 r/w 8, 5(1)(n) r/w 6 of POCSO Act.

2.

Brief facts of the case are that the complainant, mother of the victim girl, lodged a written complaint stating that the

- 2 - petitioner/accused, who is her estranged husband, has been repeatedly harassing her minor daughter. It is alleged that he physically abused her, touched her private parts, forced her to have sexual intercourse, and threatened her not to reveal the same to anyone.

3.

Heard Sri Mohd Fasiuddin, learned counsel appearing for the petitioner and Sri Ramachandra Reddy, learned Additional Public Prosecutor appearing for the respondent-State. 4.

Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the case without any corroborative evidence. He contended that the allegations are fabricated, there is no medical evidence or independent witness to support the prosecution version, and the seizure of a belt from his possession is misconstrued. He further submitted that the petitioner has been in judicial custody since 06.12.2025, the investigation is substantially completed, and there is no apprehension of absconding or tampering with evidence. Hence, prayed this Court to grant bail to the petitioner. 5.

On the other hand, learned Assistant Public Prosecutor opposed bail stating that the allegations are grave in nature, involving sexual assault on a minor girl, and custodial

- 3 - interrogation of the petitioner is necessary for effective investigation. As such, petitioner is not entitled for bail and prayed to dismiss this petition.

6.

Having regard to rival submissions made, and on perusing the material on record, it is noted that the investigation is substantially completed and the petitioner has been in custody since 06.12.2025. Therefore, this Court is of the view that the petitioner is entitled to bail, subject to compliance with 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 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.

- 4 - 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 petitions, if any, pending shall stand closed.

_______________ K. SUJANA, J Date :30.03.2026 PT

- 5 - THE HON'BLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.3139 OF 2026 DATE :30.03.2026 PT