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High Court for State of TelanganaCRLP/5955/2026allowed no costs

Ashu Alais Mohmmad Ashfaq Hussain v. The State Of Telangana,

2026-05-05K. Sujana5 pages

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT

HYDERABAD THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.5955 of 2026 DATE: 05.05.2026 Between:

Ashu @ Mohammad Ashfaq Hussain and others ..Petitioners/Accused Nos.6 to 8 And The State of Telangana, Rep by its Public Prosecutor, High Court at Hyderabad.

..... Respondent

ORDER

This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of prearrest bail to the petitioners, who are arrayed as accused Nos.6 to 8 in Crime No.290 of 2026 of Adilabad I-Town Police Station, Adilabad District, registered for the offences punishable under Sections 331(5), 296(b), 118(1), 324(4), 351(2) r/w 3(5) of the BNS. 2.

The case of the prosecution is that, on 15.04.2026, the defacto complainant lodged a report before the police stating that, on

14.04.2026, while he was sitting in his shop, due to old enmity and as per a pre-planned scheme, Waseen's younger brother along with others came on motorcycles and illegally entered into his shop with the intention of assaulting and injuring him. All of them attacked him brutally and caused serious injuries and threw clothes around in his shop, and created rowdyism. They abused him by using filthy language and threatened him saying that they would kill him at any cost. They also damaged and destroyed the goods in his shop. Hence, the complainant requested for necessary action. Basing on the said complainant, the police registered a case for the above said offences.

3.

Heard Sri S. Ravi Kiran Reddy, learned counsel appearing on behalf of the petitioners as well as Sri M. Ramachandra Reddy, learned Additional Public Prosecutor for respondent -State. 4.

Learned counsel for the petitioners submitted that the petitioners are innocent of the said allegations and there is no specific allegation against the petitioners and the petitioners herein are not arrayed as accused in FIR and they were shows as accused in the remand report. It is further submitted that they are ready to cooperate with the investigating authority. Therefore, he prayed the Court to grant pre-arrest bail to the petitioners by allowing this criminal petition.

5.

On the other hand, learned Additional Public Prosecutor opposed the submissions made by learned counsel for petitioners stating that the allegations against the petitioners are serious in nature. Further, the investigation is not yet completed. 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 appears that there are no specific allegations against the petitioners herein and there are no specific overt acts against the petitioners. Considering the facts and circumstances of the case, the allegations against the petitioners herein, this Court deems it fit to grant pre-arrest bail to the petitioners, subject to the following conditions:

i.

The petitioners shall surrender before the Station House Officer, Adilabad I-Town Police Station, Adilabad District, within two weeks from today, and on such surrender, the said Station House Officer shall release them on bail on executing a personal bond for Rs.25,000/- each, with two sureties, for the like sum each.

ii.

The petitioners shall abide by the other conditions stipulated in Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, and co-operate with the Investigating Officer in investigating the case.

iii.

The petitioners 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: 04.05.2026 TU

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.6194 of 2026 Date: 04.05.2026 TU