Nizam Khan 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.3994 of 2026 DATE: 24.03.2026 Between:
Nizam Khan .... Petitioner/accused No.6 AND The State of Telangana, Rep. by its Public Prosecutor, High Court at Hyderabad, Through Police Station Medipally.
.... Respondent/State 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.6 in Crime No.57 of 2026 of Medipally Police Station, Rachakonda Commissionerate, registered for the offences punishable under Sections 329(4), 324(4), 109, r/w 3(5) of the BNS.
2.
The case of the prosecution is that, on 11.01.2026, the de-facto complainant lodged a report before the police stating that he along with other plot owners were cleaning their plots, in the meantime, accused Nos.1 to 9 came to the plots and started attacking them with rods and knives and he sustained injuries. Hence, the complainant requested for necessary action. Basing on the said complainant, initially, the Pocharam IT Corriodor police station registered a Zero FIR and the same was transferred to the Medipally Police Station and the police registered a case against the accused persons for the above said offences.
3.
Heard Sri Jalib Hasan, learned counsel appearing on behalf of the petitioner as well as Sri M. Ramachandra Reddy, learned Additional Public Prosecutor for respondent -State. 4.
Learned counsel for the petitioner submitted that the petitioner herein is innocent of the said allegations and in fact, the de-facto complainant is not the owner of the plot and earlier also a crime was registered in Pocharam ITC Police Station with the same allegations and this Court had already granted anticipatory bail to the petitioner in the said crime and the same was registered in the Medipally Police Station,
which itself shows that, to harass the petitioner herein, the de-facto complainant has falsely implicated the petitioner herein in the present case and he is ready to cooperate with the investigating authority. 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 submissions made by learned counsel for petitioner stating that the petitioner herein along with other accused were appointed by one A. Venkatesh to see the said property and when the de-facto complainant and others went to the scene of offence, the petitioner herein along with other accused attacked the de-facto complainant and they were severely beaten by the petitioner and other accused, as such, he is not entitled for the anticipatory bail. Therefore, he prayed the Court to dismiss the Criminal Petition. 6.
In the light of the submissions made by both the learned counsel and on a perusal of the material available on record, it is observed that, even according to the prosecution, there are two crimes registered against the petitioner herein for the same cause of action and earlier, this Court had
considered the bail petition of the petitioner herein in Crime No.37 of 2026. Considering the facts and circumstances of the case, this Court deems it fit to grant pre-arrest bail to the petitioner, subject to the following conditions: i.
The petitioner shall surrender before the Station House Officer, Medipally Police Station, Rachakonda Commissionerate, 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 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: 24.03.2026 TU
THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.3994 of 2026 Date: 24.03.2026 TU