Mohammed Imran 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.4224 of 2026 DATE: 07.04.2026 BETWEEN:
Mohammed Imran .....Petitioner/accused No.4 AND The State of Telangana through S.H.O., P.S. Town-IV, Nizamabad District, represented by Public Prosecutor, High Court at Hyderabad.
.....Respondent/complainant
ORDER
This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, "BNSS"), seeking grant of pre-arrest bail to the petitioner, who is arrayed as Accused No.4 in Crime No.68 of 2026 on the file of the Town-VI Police Station, Nizamabad, registered for the offences punishable under Section 109 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, "BNS").
2.
The brief facts of the case are that the de facto complainant lodged a report on 12.03.2026 stating that she had entered into a love marriage with one Mohd. Sumair about one year prior to the incident and is presently pregnant. It is alleged that her father and her brother opposed to the said marriage and had been frequently harassing her, compelling her to obtain a divorce from her husband. It is stated that on 11.03.2026 at about 20.30 hours, her younger mother's son called her husband over phone and asked him to come to Dharmapuri X road for a discussion and when her husband went there, one Sohail along with her father, brother and the petitioner (who is the son of her uncle), her father's friends were present and allegedly abused and assaulted her husband.
It is stated that her husband managed to escape from there and sustained bleeding injuries on his neck. Thereafter, upon being informed by her brother-in-law, the injured was shifted to Government Hospital, Nizamabad, for treatment. Based on the said report, a case in Crime No.68 of 2026 was registered for the offences under Section 109 read with Section 3 (5) of BNS.
3.
Heard Sri K. Venu Madhav, 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 contended that the petitioner falsely implicated in the present case and that there are no specific overt acts attributed to him. It is further contended that the petitioner is aged about 17 years and is a juvenile; however, the said fact was not properly reflected by the police in the remand report. It is also submitted that no notice under Section 35(3) of BNSS was served upon the petitioner. Therefore, he prayed the Court to grant pre-arrest bail to the petitioner by allowing the Criminal Petition.
5.
On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioner, stating that the petitioner actively participated in the commission of the offence and that the allegations against him are serious in nature, attracting Section 109 of BNS. Hence, he
contended that the petitioner is not entitled to the relief of anticipatory bail.
6.
Having considered the submissions made by the learned counsel on either side and upon perusal of the material available on record, it is to be noted that the petitioner is arrayed as Accused No.4 and the only allegation against him is that he along with another accused, caught hold of the hands of the husband of the de facto complainant during the incident. Except this, no specific overt act is attributed to the petitioner. It is also noted that the injured sustained simple injuries and has been discharged from the hospital. Further, having regard to the age of the petitioner, who is stated to be a juvenile, this Court is of the considered opinion that the petitioner is entitled to be granted pre-arrest bail. 7.
Accordingly, the Criminal Petition is allowed, the petitioner/Accused No.4 shall be released on bail in the event of his arrest in Crime No.68 of 2026 on the file of Town-VI Police Station, Nizamabad, subject to the following conditions: i.
The petitioner shall surrender before the Station House Officer, Town VI Police
Station, Nizamabad, 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/-, each 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.
Miscellaneous applications, if any pending, shall stand closed.
_______________ K. SUJANA, J Date: 07.04.2026 PRN
THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.4224 of 2026 Date: 07.04.2026 PRN