Abdul Rizwan v. The State Of T.S.

THE HON'BLE SRI JUSTICE SREENIVAS RAO CRIMINAL PETITION No.7395 of 2025 Order:

This Criminal Petition is filed by the petitioner/accused No.4, seeking anticipatory bail under Section 482 of Bharatiya Nagrik Suraksha Sanhita, 2023 (BNSS), in connection with Crime No.132 of 2025 of Masab Tank Police Station, Hyderabad, registered for the offences punishable under Sections 331(5), 329(4), 303(2) and 115(2) r/w 3(5) of the Bharatiya Nyaya Sanhitha, 2023 (for short 'BNS'). 2.

The case of prosecution in brief is that on 20-05-2025, the defacto complainant lodged a complaint in which he stated that on 15-05-2025, a customer named Abdul Rauf visited their store, Dolgeville, to purchase dog leashes and collars. On 20-05-2025, at around 17:00 hrs, Abdul returned claiming the products were damaged and bought other items. Around 18:30 hrs, Imran and two others illegally trespassed into the store with an intention to assault. Upon entry, they brutally attacked the complainant punching his face, hitting his ribs, and knocking him unconscious. When fellow salesman Arun intervened, they assaulted him as well, grabbing his collar and causing injuries to his neck. They also verbally abused both

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staff members and forcefully took two collars without payment. Basing on the same, present crime is filed.

3.

Heard Mr.Md.Asif Ali, learned counsel for the petitioner and Mr.Syed Yasar Mamoon, learned Additional Public Prosecutor for the respondent-State.

4.

Learned counsel for the petitioner submitted that the petitioner has not committed any offence and basing on the confession statement given by the other accused, he was falsely implicated in this case. He further submitted that the allegation levelled against the petitioner is that he accompanied with accused No.1 and other accused, hence the ingredients of Section 331(5) of BNS are not attracted against the petitioner. He further submitted that accused Nos.2 and 3 in the said crime were already enlarged on bail and the petitioner is eking out his livelihood by working in car washing center. He further submitted that the petitioner is not having any other criminal antecedents and he is ready and willing to cooperate with the investigation and also ready to abide by the conditions, which are going to be imposed by this Court and hence, prayed for anticipatory bail.

5.

On the other hand, learned Additional Public Prosecutor submitted that the petitioner has committed grave offence and the

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investigation is under progress. Therefore, if the petitioner is granted anticipatory bail, at this stage, there is every chance to influence the witnesses and to interfere with the investigation. Hence, prayed to dismiss the petition.

6.

Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that the only allegation levelled against the petitioner is that he accompanied accused No.1 and other accused and there are no specific allegations against him. Even according to the learned counsel for the petitioner, accused Nos.2 and 3 were already enlarged on bail. Even according to the learned Additional Public Prosecutor, 10 witnesses were already examined and petitioner is not having any other criminal antecedents.

7.

Taking into consideration the said facts, this Court is inclined to grant anticipatory bail to the petitioner/accused No.4 subject to the following conditions.

1. The petitioner/accused No.4 shall surrender before the Station House Officer of Masab Tank Police Station, Hyderabad, on or before 03.07.2025, and on such surrender, the said Station House Officer shall release the petitioner/accused No.4 on bail on his executing a

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personal bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties, for a like sum each.

2. After release, the petitioner/accused No.4 shall appear before the concerned SHO at 11.00 A.M. on every Sunday, for a period of four (4) weeks or till filing of charge sheet whichever is earlier, for the purpose of investigation and thereafter, as and when required.

3. After release, the petitioner/accused No.4 shall not influence the witnesses or interfere with the investigation.

4. The petitioner/accused No.4 shall abide by the other conditions stipulated in Section 482 (2) of BNSS and co-operate with the Investigating Officer in investigating the case.

8.

Accordingly, the Criminal Petition is allowed. As a sequel, miscellaneous petitions, pending if any, stand closed.

_____________________ J.SREENIVAS RAO, J Date: 27.06.2025 vsl