Mohd.Ghouse Pasha v. The State Of Telangana
THE HON'BLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No. 6655 of 2025 ORDER:
This Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'BNSS') by petitioner/accused seeking bail in Crime No.06/RCA-ACB-WRL/2025 of ACB Police Station, Warangal Range registered for the offence punishable under Section 13(1)(b) read with Section 13(2) of the Prevention of Corruption Act, 1988. 2.
Heard Sri A.S.Vasudevan, learned counsel, representing M/s. Pillix Law Firm appearing on behalf of the petitioner and Sri T.Bala Mohan Reddy, learned Special Public Prosecutor for ACB appearing for respondent-State.
3.
The case of prosecution in brief is that on credible information that the petitioner/accused while working as public servant in various capacities from 01.01.2019 to 23.04.2025 in Transport Department has acquired and possessed huge assets in the name of his family members. Further on 25.04.2025 in pursuance of search warrants, searches were conducted at
1) Rented House of petitioner i.e. H.No.4-1-1-4/A/2, Kannanagar, Parthasarathy Colony, Mahabubabad, 2) Residential house of petitioner's son Arifuddin i.e. Flat No.G3, JR Symphony Residency,
Diamond Valley Colony, Bundlaguda Jagir, Rangareddy District,
3) Native House of the petitioner i.e. H.No.3-86, Kothapalli village, Jammikunta Mandal, Karimnagar District, 4) Residential house of petitioner's nephew Mohd Muneer i.e., Flat No.202, Grace Medows Apartments, Opposite Arnan Cafe, Afzal Nagar, Old Malakpet, Hyderabad and 5) Residential House Nasaruddin.P (Father-in-law of petitioner's son) i.e., Flat No.429, Block C, Sara Homes Residency, Pillar No.174, Upparapalli Cross Road, Rajendranagar, Rangareddy District. During the searches several incriminating material documents were seized and apart from the above mentioned properties, the following additional immovable and movable properties were found i.e. 1) Agricultural land to an extent of Ac.00-07 guntas at Moinabad, worth Rs.5,35,631/-,
2) Agriculture land to an extent of Ac. 00-02 guntas at Moinabad worth Rs.6,74,730/-, 3) Hyundai Elanta Car worth Rs.16,00,000/-
4) Triumph Motor cycle worth Rs.16,00,000/-, 5) TVS NTORQ Scooty worth Rs.90,000/-, 6) Household articles worth Rs.6,84,305/- and 7) net cash of Rs.19,350/-, total assets worth of Rs.2,83,06,559/-. The total income of Accused Officer is arrived as Rs.40,41,031/-.
The total expenditure is arrived at Rs.36,80,371/-.
The likely savings of Accused Officer is Rs.3,60,660/-, when considered the likely savings of Accused Officer i.e. Rs.3,60,660/-, he is in possession of disproportionate of
assets worth Rs.2,79,45,899/- with percentage of disproportionate assets is 691.55%. It is further submitted that earlier also two cases were registered against the petitioner and they are under investigation. Basing on the same, the present case was registered against the petitioner for the aforesaid offences. 4.
Learned counsel for the petitioner submits that the petitioner has not committed the alleged offence and he was falsely implicated in the present crime. The petitioner was arrested on 26.04.2025 and since then he is in judicial custody. The respondent/ACB seized the entire records and therefore, question of tampering the records or influencing the witnesses does not arise on the ground that the witnesses belongs to the Department only. He further submitted that the petitioner is aged about 59 years and suffering with old age ailments and material part of the investigation is completed except filing of charge sheet. The petitioner is ready and willing to cooperate with the investigation and he will abide by the conditions, which may be imposed by this Court.
5.
Learned Special Public Prosecutor submitted that the petitioner has committed a grave offence and the investigation is under progress and that the petitioner also committed similar offences and two cases are pending against the petitioner
pertaining to and and percentage of disproportionate assets is 691.55% and therefore, if the petitioner is enlarged on bail, he will interfere with the investigation and influence the witnesses. Hence, the petitioner is not entitled for grant of bail.
6.
Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that the petitioner was arrested on 26.04.2025 and since then he is in judicial custody. The cases which are pending against the petitioner are pertaining to 2017 and 2024. Even according to the Special Public Prosecutor, ten witnesses were already examined and major part of the investigation has been completed.
7.
Taking into consideration the facts and circumstances of the case, this Court is inclined to grant bail to the petitioner/accused subject to the following conditions;
(i) The petitioner/accused shall be released on bail on his executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for a like sum each to the satisfaction of the Special Judge for ACB Cases-cum-III Additional Sessions Judge at Warangal. (ii) After release, the petitioner/accused shall surrender his passport before the said Court and he is not
entitled to travel beyond India without obtaining any permission from the concerned Court.
iii) After release, the petitioner/accused shall not interfere with the investigation and influence the witnesses. iv) After release, the petitioner/accused shall appear before concerned Investigating Officer whenever his presence is required for the purpose of investigation. v) The petitioner/accused shall produce the documents, which are in his possession as sought by the Investigating Officer.
vi) If the petitioner/accused violates any of the above conditions, the respondent-State is entitled to file an application seeking cancellation of bail granted in his favour.
(vii) The petitioner/accused shall abide by the other conditions stipulated in Section 437(3) of Cr.P.C., presently Section 480(3) of BNSS.
8.
Accordingly, the Criminal Petition is allowed. As a sequel thereto, miscellaneous applications, if any, pending in this petition stand closed.
______________________________ JUSTICE J.SREENIVAS RAO Date: 16.06.2025 pgp