Mohd Ahmed Biyabani, v. The State Of Telangana,

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL PETITION No. 7801 of 2026 DATE: 21.05.2026 BETWEEN:

Mohd Ahmed Biyabani .....petitioner/accused And The State of Telangana, Rep. by its Public Prosecutor, High Court for the State of Telangana, Through SHO, PS Mirchowk, Hyderabad.

.....Respondent/complainant

ORDER

This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of pre-arrest bail to the petitioner, who is arrayed as accused No.7 in Crime No.62 of 2026 before the Mirchowk Police Station, Hyderabad, registered for the offences punishable under Sections 61, 316(2), 318(4), 308, 351, 352 r/w 3(5) of BNS and Section 5 of Telangana Protection of

Depositors of Financial Establishment Act, 1999 and Sections 3, 4, 5 and 6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978.

2.

Learned counsel for the petitioner would submit that, basing on the confession statement of accused No.4 in Crime No.62 of 2026, the petitioner is arrayed as accused No.7 in Crime No.62 of 2026, before the Mirchowk Police Station, Hyderabad, registered for the offences punishable under Sections 61, 316(2), 318(4), 308, 351, 352 r/w 3(5) of BNS and Section 5 of TPDFE Act, 1999 and Section 3, 4, 5 and 6 of the PCMCS Act, 1978. It is further submitted that the petitioner along with accused No.4 is working in a marketing business i.e., "Novus Customer" vide ID No.910700515700 and the nature of the offence is that A.

4 along with other accused persons collected huge amounts from the de-facto complainant and there are no specific overt acts attributed against the petitioner in the FIR and the petitioner has no role to play in the said alleged offences and he was not involved in any of the transaction that took place between the de-facto complainant and other accused and the name of the petitioner is not mentioned in the complaint filed by the de-facto complainant.

ready to co-operate with the investigation and shall abide by the conditions imposed by this Court. Therefore, he prayed the Court to grant pre-arrest bail to the petitioner by allowing this Criminal Petition.

3.

Heard Sri S. M. Saifullah, learned counsel appearing on behalf of the petitioner as well as Sri D. Arun Kumar, learned Additional Public Prosecutor appearing on behalf of the respondent - State.

4.

Learned Additional Public Prosecutor opposed the bail petition contending that the allegations against the petitioner are serious in nature and it is a chain link business and it is not permitted under law where the circulation business is conducted by the petitioner as against Sections 3, 4, 5 and 6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978. It is further submitted that A.4 was already arrested and at this stage, if the petitioner is granted anticipatory bail, he may not cooperate with the investigation. Hence, he prayed the Court to dismiss the criminal petition. 5.

In the light of the submissions made by both the learned counsel and upon perusal of the material available on record, it prima facie appears that no specific overt acts have

been attributed against the petitioner herein and none of the allegations are made out against the petitioner in the complaint filed by the de-facto complainant, however, except stating that the petitioner is also involved in the money circulation scheme upon the confession statement made by the A.4 under Section 23(1) of the Bharatiya Sakshya Adhiniyam (BSA), 2023 before the respondent Police and the same is not admissible under law. Considering the facts and circumstances of the case and also the thorough investigation being conducted by the respondent police, this Court deems it fit to grant pre-arrest bail to the petitioner, subject to the following conditions:

i.

The petitioner shall surrender before the Station House Officer, Mirchowk Police Station, Hyderabad, within two weeks from today, and on such surrender, the said Station House Officer shall release him on bail on executing a personal bond for Rs.25,000/-, each with two sureties, for the like sum each.

ii.

The petitioner shall abide by the other conditions stipulated in Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023 and co-operate with the

Investigating Officer in investigating the case.

iii.

The petitioner shall appear before the concerned Investigating Officer on every Monday between 09:00 a.m, and 05:00 p.m., for a period of eight (8) weeks or till the filing of the charge sheet, whichever is earlier and thereafter, as and when required.

iv.

The petitioner shall surrender his passport, if any, before the concerned Court.

v.

In the event of violation of any of the above conditions, the prosecution shall be at liberty to seek cancellation of bail in accordance with law.

6.

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

____________________ E.V. VENUGOPAL, J Date: 21.05.2026 Tu/Su