Mohd Hashmath Hussain Siddiqui @ Mohammed Hashmath Hussain Siddiqui, v. State Of Telangana,

IN THE HIGH COURT FOR THE STATE OF

TELANGANA AT HYDERABAD THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.6804 of 2026 DATE : 05.05.2026 Between:

Mohd Hashmath Hussain Siddiqui.

...Petitioner/Accused No.3

AND State of Telangana, Rep. by Public Prosecutor, High Court for the State of Telangana at Hyderabad.

...Respondent

ORDER:

This Criminal Petition is filed before this Court for grant of bail to the Petitioner who is arrayed as accused No.3 in Crime No.46 of 2026 of Central Crime Police Station, Hyderabad, registered for offences punishable under Sections 318(4), r/w 61(2) of the BNS, and Section 5 of TGPDFE Act.

2.

The brief facts of the case are that, on 06.03.2026, at about 12:45 hrs, the de-facto complainant lodged a

report before the police stating that, the complainant was induced by the accused persons, Syed Wahed Ali and Durga Ravi Chandra, representing AS Group/Goodwill Wealth Management Pvt. Ltd., to invest in stock market trading activities with assurance of high profits and capital safety. Believing their representations, he invested Rs.41,00,000/- and also facilitated investments from others, totaling Rs.1,06,50,000/-.

Despite executing agreements, the accused failed to provide returns, trading details, or refund the invested amount and have since avoided communication. Hence, the complainant requested the police for necessary action. Basing on the same, the police registered a case against the petitioner for the aforementioned offences. 3.

Heard Sri Syed Khader Mastan, 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 is innocent of the said allegations. It is further submitted that Section 5 of the Telangana

Protection of Depositors of Financial Establishments Act, 1999 is not applicable to the present case. The averments in the complaint itself indicate that the defacto complainant had invested amounts in the said company, and, therefore, the returns in question can only be treated as profit and not as 'deposit' within the definition of the TGPDFE Act. It is further submitted that the petitioner has already been taken into custody twice by the police and the entire material part of the investigation is already completed to the extent of this petitioner. Therefore, he prayed the Court to grant bail to the petitioner by allowing this criminal petition. 5.

On the other hand, learned Addl. Public Prosecutor opposing the petition stating that the petitioner herein is instrumental in cheating the innocent victims and that huge amounts are involved in the present case. It is further contended that material part of investigation is not yet completed, particularly with regard to tracing the manner and destination of the amounts allegedly invested by the petitioner. Therefore,

at this stage, the petitioner is not entitled to the grant of bail, as such, he prayed the Court to dismiss the 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 petitioner is in jail from 07.03.2026, who is arrayed as accused No.3 and as seen from the record, LW1 to LW8 were already examined including the investigating authority. Except the complainant and other two witnesses, no other victim examined by the prosecution as on today. Considering the facts and circumstances of the case, the nature of the allegations, the stage of investigation, and the duration of incarceration, this Court finds it appropriate to grant 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 satisfaction of learned XII Additional Chief Judicial Magistrate, Nampally.

ii.

The petitioner shall appear before the concerned SHO at 11:00 a.m., on every Monday 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 437(3) of Cr.P.C. (presently, Section 480(3) of the BNSS).

7.

Accordingly, the Criminal petition is allowed. Miscellaneous applications, if any pending, shall stand closed.

_______________ K. SUJANA, J Date: 05.05.2026 SRK

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.6804 of 2026 Date: 05.05.2026 SRK