Mohammed Toufeeq, v. The State Of Telangana
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETI TION No.8266 OF 2026 DATE: 12.06.2026 Between :
Mohammed Toufeeq S/o. Mohd Saleem ...
Petitioners/Accused No.10 And The State of Telangana, Rep.by its Public Prosecutor, High Court, Hyderabad.
Through Police Station, Kukatpally, Hyderabad. ...
Respondent/Complainant
O R D E R
This Criminal Petition is filed under Sections 480 & 483 of Bharatiya Nagarik Surakhsha Sanhita, 2023 praying this Court to enlarge the petitioner on bail who is arrayed as accused No.10 in Crime No.398 of 2026 of the Kukatpally Police Station, Cyberabad Commissionerate. The offences alleged against the petitioners are punishable under Sections 310 (2) read with 61
(2) and 3 (5) of the BNS Act.
2.
The brief facts of the case are that on 16.03.2026 at 23:30 hours a complaint has been received from Mr.Md.Azeemuddin in which he stated that the complainant and his friend Mohammed Kushmuddin/accused No.4 are working under Amir and on 16.03.2026 at about 19:00 hours, after finishing Namaz while they were near Bahadurpura, Amir gave them Rs.10 note and instructed them to hand it over to Pavan at Kukatpally. It is further stated that after giving the note to Pavan they should collect the Hawala money that he would give and deliver it to Ibrahim. Accordingly, they took the Rs.10 note and started towards Kukatpally on Kushro's (accused No.4) Suzuki Burgman Motorcycle. After reaching Kukatpally, they called Pavan and he told them to come to Room No.206 on the Second Floor of Gokul Enclave Building near Pillar No.825.
After that they placed Hawala cash amount to Rs.1 Crore into the cartoon box they had brought, packed it and handed it over to them. After coming outside, Kushro called Ibrahim and he asked them to come near Pillar No.848. While Kushro was driving the motorcycle and complainant was sitting behind holding the carton box, they started from Gokul Enclave. When they reached near Metro Pillar No.
their eyes. Due to this, Kushro lost control and the bike hit the rear side of a bus moving ahead of them. He fell down along with the carton box containing the cash. Two persons came near them and tried to rob the cash amount. Basing on the complaint, Police registered the case for the above said crime. The main allegation against the petitioners is that he conspired with Accused Nos. 1 to 4 and shared an amount of Rs.3,00,000/-. The petitioner was subsequently arrested on 28.03.2026.
3.
Heard Sri Mohammed Ghouse Pasha, learned counsel for the petitioner as well as Sri M. Ramachandra Reddy, learned Additional Public Prosecutor for respondent.
4.
Learned counsel for the petitioners submitted that the petitioner is innocent of the offences alleged against him and he has been falsely implicated in the present crime. He further submitted that the petitioner was not present at the scene of offence and basing on the confessional statement of accused No.1 he has been falsely implicated in this crime. He further submitted that the petitioner has been in judicial custody since 25.03.2026 and the material part of the investigation is already completed. Learned counsel for the petitioners submitted that
charge sheet is also filed and further custodial interrogation of the petitioners is not necessary. Therefore, he prayed this Court to grant regular bail to the petitioners.
5.
On the other hand, the learned Public Prosecutor opposed the submissions made by the learned counsel for the petitioners and contended that the allegations against the petitioners are serious in nature, as he is accused of robbing Hawala amount. He further submitted that investigation is still pending and that the prosecution intends to recover the entire amount involved in the offence. Though charge sheet has been filed, the petitioners are not entitled to be released on bail and hence, he requested this Court to dismiss the petition.
6.
Having regard to the submissions made by the learned counsel on either side and upon perusal of the material available on record, it is evident that the petitioners have been in judicial custody since 25.03.2026 and the charge sheet has also been filed. Taking into consideration the nature of the allegations and the period of incarceration undergone by the petitioners, this Court inclined to grant regular bail to the petitioners, subject to the following conditions:
i.
The petitioners-accused Nos.5 and 6 shall execute a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties for a like sum each to the satisfaction of the learned Additional Junior Civil Judge-cum-XII Additional Metropolitan Magistrate, Medchal, Malkajgiri District at Kukatpally.
ii.
The petitioners shall appear before the SHO concerned at 11:00 a.m., on every Monday for a period of eight (8) week or till filing of charge sheet whichever is earlier, for the purpose of investigation, and thereafter, as and when required.
iii.
The petitioners shall abide by the conditions stipulated in Section 483(2) of the BNSS.
7.
Accordingly, the Criminal Petition is allowed. Miscellaneous applications, if any pending, shall stand closed.
_______________ K. SUJANA, J Date: 12.06.2026 YVL
THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.8266 OF 2026 Date: 12.06.2026 YVL