Syed Hussain v. The State Of Telangana

THE HON'BLE SRI JUSTICE K.SARATH CRIMINAL PETITION No.6647 of 2025 ORDER:

This Criminal Petition is filed by the petitioner/Accused No.11 under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short "the BNSS"), seeking regular bail in Crime No.477 of 2024 on the file of P.S. Saroornagar, Rachakonda District, registered for the offences punishable under Sections 143, 147, 307, 452, 506 read with 149 IPC.

2.

Heard learned counsel for petitioner/Accused No.11 and the learned Additional Public Prosecutor appearing for the respondent-State.

3.

The allegation against the petitioner/Accused No.11 is that he has consumed alcohol in the open plot situated in front of the house of complainant and when questioned, they threatened her brother with dire consequences and attacked him with sticks and stones, causing bleeding injuries.

4.

Learned counsel for petitioner/Accused No.11 has submitted that the petitioner has been falsely implicated in

SK,J Crl.P.No.6647 of 2025 the case and initially his name was not there in the FIR, but subsequently added. It is stated that he has been in jail since 22.04.2025. It is further contended that the petitioner is ready to co-operate with the Police in investigation of the case and that he will comply with the conditions that may be imposed by this Court in the event of his release.

5.

Learned counsel for the petitioner/Accused No.11 further submits that in this crime, the Accused Nos.3 to 5 were granted regular bail by this Court in Crl.P.Nos.7120 and 7353 of 2024 on 12.07.2024 and requested to grant bail to the petitioner on similar lines.

6.

The learned Additional Public Prosecutor opposed the application contending that the investigation is still pending in this crime and if bail is granted to the petitioner at this stage, he will tamper with evidence, therefore, he is not entitled for grant of bail.

7.

It is to be noted that, in the complaint, it is mentioned as some unknown people have formed into unlawful assembly in the open place and attacked the complainant's brother, but the name of petitioner/Accused

SK,J Crl.P.No.6647 of 2025 No.11 herein was not mentioned. Since there is no specific allegation against the petitioner/Accused No.11, this Court is of the considered view that the petitioner/Accused No.11 can be granted bail subject to the following conditions: (i). The petitioner/Accused No.11 shall be released on bail on his executing a personal bond for Rs.10,000/- (Rupees ten thousand only) with two sureties for the like sum each to the satisfaction of the Special Judicial Magistrate of First Class (Excise), Rangareddy-cum-V Additional Judicial Magistrate of First Class-cum-V Additional Junior Civil Judge, Rangareddy District at L.B.Nagar.

8.

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

________________________ JUSTICE K.SARATH Date: 28.05.2025 BB/PSS