Mohammed Nayab @Nayab, 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.3649 OF 2026 DATE: 23.04.2026 Between :
Mohammed Nayab @ Nayab ...
Petitioner/A2 And The State of Telangana, Rep., through the SHO, PS Luxettipet, Rep. by its Public Prosecutor, High Court of Telangana, Hyderabad.
...
Respondent/Complainant : ORDER :
This Criminal Petition is filed under Section 480 & 483 of Bharatiya Nagarik Surakhsha Sanhita, 2023 praying this Court to enlarge the petitioner on bail, who is arrayed as accused No.2 in Crime No.107 of 2026 of Balanagar Police Station, Cyberabad Commissionerate District. The offence alleged against the petitioner is punishable under Section 310(2) of BNS.
2.
The brief facts of the case are that, on 08.02.2026, the defacto complainant lodged a report before the police stating that on 07.02.2026 at about 21:00 hours, while he was proceeding towards his house from his office on his bicycle and reached near Lilith Company, three persons who were travelling on a Honda vehicle approached him and threatened him to hand over his phone and money. When he questioned them as to why he should give the same, the said persons started beating him and snatched his four-tola silver chain from his neck and fled away. On hearing his cries, one Sri Sugreev Raj Bahar, aged 29 years, chased them. After about five minutes, the accused returned along with three more persons, abused them, and pelted stones, causing bleeding head injuries. Hence, the complainant requested the police for necessary action. Basing on the said report, police registered a case for the abovementioned offences.
3.
Heard Sri Rayachuri Hari Rohit Singh, learned counsel appearing on behalf of the petitioner and 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 are innocent of the alleged offences and was falsely implicated in the crime without any specific allegations and is in
no way connected with the alleged offence and that the offence under Section 310(2) of the B.N.S., is not attracted, as no recovery has been made from the petitioner. He further submitted that no Test Identification Parade (TIP) has been conducted to establish his identity and that the petitioner has been in judicial custody since 11.02.2026, and the material part of investigation is completed. Therefore, prayed this Court to grant regular bail to the petitioner by allowing this criminal petition.
5.
On the other hand, learned Additional Public Prosecutor opposed the bail petition by stating that the allegations against the petitioner are serious and grave in nature and the investigation is not yet completed. Given the gravity of the offence and the serious nature of the allegations, the petitioner is not entitled to bail and prayed the Court to dismiss the petition.
6.
Considering the submissions made by both the learned counsel and the material available on record, it is evident that the petitioner has been in judicial custody since 11.02.2026. As seen from the remand case diary, the prosecution witnesses, LWs. 1 to 15, have already been examined. Although the learned Additional Public Prosecutor submitted that a requisition for conducting a Test Identification Parade (TIP) has been filed and is pending, the document placed on record indicates that the TIP was scheduled
on 04.04.2026. Taking into account the overall facts and circumstances of the case, progress in the investigation and the period of incarceration, this Court is inclined to grant regular 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 III Additional District and Sessions Judge at Kukatpally.
ii.
The petitioner shall appear before the concerned SHO between 09.00 a.m and 5.00 p.m., on every Wednesday for a period of eight
(8) weeks 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 483(2) of the BNSS.
7.
Accordingly, the Criminal Petition is allowed. Miscellaneous applications, if any pending, shall stand closed.
_______________ K. SUJANA, J Date: 23.04.2026 ss
THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.3649 OF 2026 Date: 23.04.2026 ss