Mohammed Shakeel Qureshi v. The State Of Telangana

THE HON'BLE JUSTICE B.R.MADHUSUDHAN RAO CRIMINAL PETITION No.6718 OF 2025 ORDER:

This Criminal Petition is filed under Sections 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'BNSS') by the petitioner/accused No.2 for grant of anticipatory bail in connection with Crime No.88 of 2025 of Jogipet Police Station, Sangareddy District, registered for the offences punishable under Sections 118 and 351 read with Section 3 (5) of Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS').

2.

Heard Sri S.Ram Reddy, learned counsel representing Sri C.Sunil Anand, learned counsel for the petitioner/accused No.2 and Sri Syed Yasar Mamoon, learned Additional Public Prosecutor for the respondent No.1/State. Notice was served to respondent No.2 on 27.05.2025 and none appeared on his behalf. 3.

It is the case of the prosecution that on 26.03.2025 at about 16:30 hours, the complainant-Jangam Srinivas Rao has lodged a telugu written complaint before the police stating that on the same day while he, along with one V6 Reporter by name Mr.Anil, were going to Sangupet side on their Bike No.AP 23-AG6032 and when they reached the limits of Sangupet Village at

about 13:51 hours they noticed that the rice bags were loaded from Auto bearing No.TS 15 UA 2693 to the Bolero Vehicle No.TS 15 UD 0984 and when they tried to videographed the same, three persons i.e., Danish Patel, Mohd. Shakeel (petitioner herein) and another came there in Car bearing No.TS 15 4232 and beat them with sticks and threatened to kill. Basing on the said complaint a case in Crime No.88 of 2025, dated 26.03.2025 was registered for the offences punishable under Sections 118 and 351 read with Section 3 (5) of BNS. Subsequently, at the time of remand of accused Nos.3 and 4, the Section of Law was altered to Section 118 (2), 351 read with 3 (5) of BNS and Section 3 (2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989/Amended Act, 2015 (for short "the SC/ST Act") was also added.

4.

Learned counsel for the petitioner submits that accused No.1 was enlarged on bail on 20.05.2025 and the remand of accused Nos.2 and 3 was rejected by the learned trial Court vide order, dated 16.05.2025.

5.

Learned Additional Public Prosecutor submits that the prosecution has examined 13 witnesses in this case and as per

the Medical Report the de facto complainant has received grievous injury.

6.

It is to be noted that accused No.1-Mohammed Abdul Qayyum @ Danish Patel was enlarged on bail by the trial Court vide Crl.M.P.No.527 of 2025, dated 20.05.2025 on conditions. Accused Nos.2 and 3 were remanded before the concerned Court on 16.05.2025 and the said Court vide order, dated 16.05.2025 observed that no prima facie case was made out under Section 3 (2) (5) of the SC/ST Act and they were directed to be released forthwith on executing personal bond for a sum of Rs.10,000/- each. As on 20.05.2025, when the bail was granted to accused No.1, nine witnesses were examined by the prosecution and as on today, the prosecution has examined 13 witnesses and as such the question of the petitioner influencing the witnesses does not arise. Hence, this Court is of the opinion that the petitioner is entitled for grant of anticipatory bail, subject to the following conditions:

1. The petitioner/accused No.2 shall surrender before the Station House Officer of Jogipet Police Station, Sangareddy District, on or before 20.06.2025, and on such surrender, the said Station House Officer shall release the petitioner/accused No.2 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 said Station House Officer.

2. The petitioner/accused No.2 shall appear before the Police Station on every Monday and Saturday for a period of thirty days from today.

3. The petitioner/accused No.2 shall abide by the other conditions stipulated in Section 482 (2) Bharatiya Nagarik Suraksha Sanhitha, 2023 and co-operate with the Investigating Officer in investigating the case.

7.

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

_________________________ B.R.MADHUSUDHAN RAO, J 04th June, 2025.

Note : Issue C.C. by day after tomorrow.

gkv/SSM