Rathod Govind Singh, v. State Of Telangana
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT
HYDERABAD THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL PETITION No.7576 of 2026 DATE: 14.05.2026 Between:
Rathod Govind Singh S/o Laxman Nayak.
.... Petitioner/ Accused AND State of Telangana, Rep.by Public Prosecutor, High Court for the State of Telangana at Hyderabad. ... Respondent/ Complainant
O R D E R
This Criminal Petition is filed under Sections 480 & 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') by the petitioner/Accused seeking to enlarge him on bail in connection with Crime No.76 of 1999 of S.R. Nagar Police Station, Hyderabad in PRC No.194 of 2026 on the file of learned III Additional Chief Judicial Magistrate, Hyderabad. The offences alleged against the petitioner are punishable under Section 25(1B)(a) of the Arms Act, Sections 4 and 5 of Explosive Substances Act and Section 506 of I.P.C.
- 2 - 2.
The allegation against the petitioner is that he was found in possession of a revolver and to live rounds, explosive substances, gelatine sticks (highly explosive) detonators, fuse wire, seditious extremists literature, threatening letters on RPT letter heads, revolutionary pamphlets, cash of Rs.2500/- and other material without having any licence. Hence, the aforesaid crime was registered against the petitioner and thereafter he was granted bail by the Court concerned. Since he has violated the conditions imposed by the Court concerned, the Court compelled to issue Non-Bailable warrant against the petitioner and he was remained absent until coercive steps were taken and his conduct demonstrates an intention to evade judicial process. It is further stated that the case of the petitioner has been converted into Long Pending Case (LPC) and declared as a Proclaimed Offender. 3.
Learned counsel for the petitioner would submit that the petitioner is arrayed as an accused in the aforesaid crime. The said crime has been investigated and charge sheet has been laid vide C.C.No.1126 of 2002 on the file of learned V Metropolitan Magistrate, Hyderabad and that after 24 years of filing of charge sheet, the said Long Pending Case was
- 3 - converted into P.R.C.No.194 of 2026 and thereafter the case was committed to the Court of Sessions. He further submits that the subject crime has been earmarked as Long Pending Case and the petitioner was declared as a proclaimed offender, NBW issued against him was pending, the petitioner has filed an application under Section 70(2) of Cr.P.C before the learned III Additional Chief Judicial Magistrate at Hyderabad to recall the NBW and the learned Magistrate vide order dated 01.04.2026 dismissed the said application and remanded the petitioner to judicial custody on 07.04.2026 and thereafter the remand period was extended from time to time.
4.
He further submits that aggrieved by the said order, the petitioner filed Crl.M.P.No.1606 of 2026 before the learned IV Additional Sessions Judge at Hyderabad and the said application was dismissed vide order dated 28.04.2026 without application of mind stating that the petitioner has been declared as a proclaimed offender.
5.
Learned counsel further submits that the trial Court has passed order dated 01.04.2026 in Crl.M.P.No.315 of 2026 mechanically without application of mind; that
- 4 - though the remanded period was extended from time to time and mere non attendance of the petitioner before the learned trial Court by the petitioner is not a ground to dismiss the application filed by the petitioner that too without there being any cogent reasons and hence, he prays this Court to grant bail to the petitioner.
6.
On the other hand, learned Additional Public Prosecutor opposed the same and submits that the crime registered against the petitioner is grave in nature; that keeping in view the past history of the petitioner in mind and conduct of the petitioner, if he released on bail, he would not cooperate with the trial and hence, he prays this Court to dismiss the Criminal Petition.
6.
Heard Sri P. Prabhakar Reddy, learned counsel representing Sri Ch.Siddaiah, learned counsel for the petitioner/Accused and Sri M.Ramachandra Reddy, learned Additional Public Prosecutor, appearing for the respondentState. 7.
Having heard the learned counsel for the petitioner, learned Additional Public Prosecutor and on perusal of the impugned order which is under challenge
- 5 - before this Court would clearly establish that charge sheet has been laid in the year 2002 vide C.C No.1126 of 2002 and after lapse of 23 years PRC No. 194 of 2026 was assigned. Though the offences alleged against the petitioner are grave in nature, the learned trial Court ought to have committed the matter to the Court of Sessions. In the absence of the same identifying the subject matter as LPC No.101 of 2017 is nonapplication of mind. Further, the learned IV Additional Sessions Judge at Hyderabad examined earlier proceedings of the learned III Additional Chief Judicial Magistrate, Hyderabad, about remanding the petitioner to judicial custody till 07.04.2026, which was extended from time to time, in spite of petitioner being filed application on 28.04.2026 after lapse of 21 days to grant bail to him, the learned IV Additional Sessions Judge, Hyderabad, without application of mind dismissed the application, which is illegal. Hence, this Court is inclined to set aside the impugned order. 8.
Accordingly, the Criminal Petition is allowed setting aside the order, dated 28.04.2026 in Crl.M.P.No.1606 of 2026 passed by the learned IV Additional Sessions Judge, Hyderabad and the petitioner shall be released on bail on
- 6 - execution of Non-Bailable Warrant with the following condition.
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 the satisfaction of learned III Additional Chief Judicial Magistrate, Hyderabad. ii) On such release, the petitioner shall appear before the learned Magistrate concerned on each and every date of hearing till conclusion of the trial.
iii) The petitioner shall abide by the conditions stipulated in Section 437(3) of Cr.P.C.(presently, Section 480(3) of the BNSS).
iv) The petitioner shall surrender his passport, if any, before the learned trial Court and he shall not leave the Country without permission of the learned trial Court. Miscellaneous petitions, if any, pending shall stand closed.
_____________________ E.V. VENUGOPAL, J Date: 14.05.2026 Note:
Issue in two days.
(B/o.) YVL/SUS