Mohammed Azhar v. The State Of Telangana
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.8185 of 2026 12.06.2026 Between:
Mohammed Azhar.
PETITIONER AND The State of Telangana, Rep by Public Prosecutor, High Court for the State of Telangana, at Hyderabad.
RESPONDENT
ORDER
This Criminal Petition is filed before this Court for grant of pre-arrest bail to the petitioner who is arrayed as accused No.5 in Crime No.93 of 2026 before the Madhuranagar Police Station, Hyderabad.
2.
Brief facts of the case are that the petitioner is arrayed as accused No.5 in FIR No.93/2026 dated 30.01.2026 registered for offences under Sections 279, 325, 341, 367 r/w
34 IPC. The allegations are that on 08.04.2023, the complainant and his brother were attacked near Balaji Sweet House, Krishna Nagar, Yousufguda, by the driver of a white Creta car and his associates, resulting in injuries and alleged kidnapping of the complainant's brother. The case was initially registered in Crime No.394/2023 of Jubilee Hills PS and later transferred to Madhura Nagar PS. The petitioner contends that though the alleged incident occurred in 2023, the case was registered after three years, and he is a stranger to the incident.
3.
Heard Sri Mohammed Ghouse, learned counsel for petitioner, and Sri Ramachandra Reddy, learned Additional Public Prosecutor appearing on behalf of the respondent - State.
4.
Learned counsel for the petitioner submitted that petitioner has been falsely implicated without any specific allegations or overt acts attributed to him. The delay of three years in registration of the case renders it barred by limitation. The petitioner is the only son looking after his aged parents, his father being a retired police officer aged 75 years.
He further submitted that the respondent police have been harassing the petitioner's family due to personal vendetta, trespassing into their residence and assaulting his father. Therefore, he prayed the Court to grant pre-arrest bail to the petitioner by allowing this Criminal Petition. 5.
Learned Additional Public Prosecutor opposed the submissions stating that the allegations are serious in nature, involving assault and kidnapping. The petitioner is arrayed as accused No.5, and therefore, custodial interrogation is necessary to complete the investigation. Therefore, he prayed the Court to dismiss the criminal petition.
6.
Having regard to the rival submissions and material on record, it is noted that the investigation has already progressed, and custodial interrogation of the petitioner is not necessary. Considering the nature of the offence, the overall facts of the case, and the petitioner's undertaking to cooperate with the investigation, this Court deems it fit to grant prearrest bail to the petitioner subject to the following conditions:
i.
The petitioner shall surrender before the Station House Officer, Madhuranagar 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/-, 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, 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 weeks or till the filing of the charge sheet, whichever is earlier, and thereafter, as and when required.
7.
Accordingly, this Criminal Petition is allowed. Miscellaneous applications, if any pending, shall stand closed.
______________ K. SUJANA, J Date: 12.06.2026 PT
THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.8185 of 2026 Date: 12.06.2026 PT