Khadeer Bhai @ Mohammad Khadeer 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.3240 of 2026 DATE: 17.03.2026 BETWEEN:

Khadeer Bhai @ Mohammad Khadeer .....petitioner/accused No.1 And The State of Telangana, Rep. by its Public Prosecutor, High Court for the State of Telangana at Hyderabad and another .....Respondents/complainant

ORDER

This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of pre-arrest bail to the petitioner, who is arrayed as accused No.1 in Crime No.113 of 2026 before the Pocharam IT

Corridor Police Station, Malkajgiri District, registered for the offences punishable under Sections 140(3) of BNS read with 3(5) of BNS.

2.

The brief facts of the case are that the de facto complainant, who is working as a hostel warden at Anurag University Hostel, Venkatapur, received information on 02.03.2026 at about 8:30 PM that two persons had forcibly taken away a student, Shaik Subhan, who was studying B.Tech first year and residing in the hostel. On informing the victim's father, it was revealed that he had financial dealings with A-1 and owed some amount to him. It is alleged that due to the said dispute, A-1 instructed A-2 and A-3 to kidnap the victim, who was allegedly taken to Hotel Cititel Lodge at Masab Tank and threatened for money. Based on the said complaint, a case was registered for the above said offences. 3.

Heard Sri Mohd. Fasiuddin, 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 has been falsely implicated in the case and that the dispute is purely related to financial transactions between the petitioner and the victim's father. He further submitted that the petitioner merely asked A-2 and A-3 to meet the victim to collect replacement cheques relating to the debt and they entered the college premises with permission of the authorities.

He contended that the victim voluntarily accompanied them and there was no kidnapping, threat or wrongful confinement. According to the petitioner, the victim even took Rs.14,000/- from A-2 and A-3 and later fled after causing injuries to one of them. The complaint, FIR and remand case diary contain several inconsistencies and are based on hearsay information given by the hostel warden, who has no direct knowledge of the incident. Therefore, he prayed the Court to grant pre-arrest bail to the petitioner by allowing this Criminal Petition.

5.

On the other hand, learned Additional Public Prosecutor opposed the petition contending that the investigation reveals that the victim was forcibly taken away by A-2 and A-3 at the instance of A-1 in connection with a financial dispute and that

the accused persons took the victim from the college premises to a lodge and threatened his father demanding money. The statements of the victim and other witnesses prima facie disclose the involvement of the petitioner in the offence. Therefore, he prayed the Court to dismiss the Criminal Petition.

6.

In the light of the submissions made by both the learned counsel and upon perusal of the material available on record, it appears that the present crime was registered based on the complaint lodged by the hostel warden stating that the victim, who is a B.Tech first year student residing in the hostel of Anurag University, was allegedly taken away by accused Nos.2 and 3 at the instance of the petitioner in connection with a financial dispute between the petitioner and the victim's father. The main allegation against the petitioner is that he instructed accused Nos.2 and 3 to kidnap the victim and threaten him in order to pressurize the victim's father to settle the alleged financial dues. However, as seen from the record, the dispute appears to have arisen out of monetary transactions between the parties and the role attributed to the petitioner is mainly based on the statements of the witnesses.

The material part of the investigation appears to have been completed and the custodial interrogation of the petitioner does not appear to be necessary for the purpose of investigation. Having regard to the facts and circumstances of the case and the nature of allegations made against the petitioner, this Court deems it appropriate to grant pre-arrest bail to the petitioner subject to the following conditions: i.

The petitioner shall surrender before the Station House Officer, Pocharam IT Corridor Police Station, Malkajgiri District, within two weeks from today, and on such surrender, the said Station House Officer shall release him on bail on executing a personal bond for Rs.25,000/-, 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, 2023 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., for a period of eight (8) weeks or till the filing of the charge sheet, whichever is earlier 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: 17.03.2026 SAI

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.3240 of 2026 Date: 17.03.2026 SAI