Shaik Hussain, 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.8367 of 2026 DATE: 18.06.2026 Between:
Shaik Hussain
...Petitioner/accused No.4
AND The State of Telangana, Through Public Prosecutor, High Court of Telangana, Through P.S.Balapur.
.... Respondent/Complainant
O R D E R
This Criminal Petition is filed before this Court for grant of bail to the Petitioner who is arrayed as accused No.4 in P.R.C.No.77 of 2024 on the file of I Additional Judicial Magistrate, Ranga Reddy District, at L.B.Nagar, registered for the offences punishable under Sections 147, 148, 302 read with 149 of IPC and Section 27(1)(A) of the Arms Act.
- 2 - 2.
Brief facts of the case are that on 11.01.2024 at about 02:00 hours, a complaint was received from the de-facto complainant stating that at about 00:30 hours, he received information that his brother was found lying dead in a pool of blood at a mosque situated at Mustafa Hills, Jalpally Municipality. On reaching the spot, the de-facto complainant found his brother with multiple stab injuries on the head, neck, stomach, and thighs, along with severe injuries caused by a wooden stick on the face and head. The de-facto complainant further stated that the deceased had been moving with certain persons and had prior disputes with them. Hence, he expressed suspicion against those persons and requested necessary action as per law. Based on the said complaint, the police registered a case for the aforesaid offence.
3.
Heard Sri Syed Osman, learned counsel for petitioner as well as Sri D.Arun Kumar, learned Additional Public Prosecutor appearing for the respondent-State. 4.
Learned counsel for the petitioner submitted that, due to non-appearance on one occasion, i.e., on 20.04.2026, the trial Court issued a Non-Bailable Warrant (NBW) against the petitioner. Subsequently, on 02.05.2026, the Balapur Police
- 3 - executed the said NBW and produced the petitioner before the concerned Magistrate on the same day, and he was remanded to judicial custody. Since then, he has been in jail. It is further submitted that, from the date of receipt of summons in P.R.C. No.77 of 2024, the petitioner had been regularly attending the Court, and only on one occasion, due to ill health, he could not appear before the concerned Magistrate. It is also submitted that the petitioner undertakes to attend all future hearings regularly and to cooperate for the committal of the case. Therefore, he prayed the Court to grant bail to him by allowing this criminal petition. 5.
On the other hand, the learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioner and submitted that the petitioner failed to appear before the trial Court, leading to issuance of a Non-Bailable Warrant (NBW). It is contended that the petitioner's conduct shows disregard for the Court proceeding. It is further submitted that the petitioner is a habitual offender involved in multiple criminal cases, and the the PRC has been pending since the year 2024 and that matter could not progress further or be committed to the Session Court due to the continuous non-appearance of the accused person. There is every likelihood of the petitioner
- 4 - absconding again if he is released on bail. Therefore, he prayed the Court to dismiss the criminal petition. 6.
In the light of the submissions made by both the learned counsel and upon perusal of the material available on record, it appears that the petitioner herein is in jail since 02.05.2026. As seen from the record, his Court is of the view that the petitioner failed to appear before the trial Court only on one occasion due to ill health, which resulted in issuance of a Non-Bailable Warrant. It is not in dispute that prior thereto, the petitioner had been regularly attending the Court proceedings. Considering the facts and circumstances of the case, the nature of the allegations, the duration of incarceration, the progress in the investigation, this Court finds it appropriate to grant bail to the petitioner, subject to the following conditions:
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 the learned I Additional Magistrate of Ranga Reddy District, at L.B.Nagar.
- 5 - ii.
The petitioner shall abide by the conditions stipulated in Section 437(3) of Cr.P.C. (presently, Section 480(3) of the BNSS).
iii.
However, the petitioner is directed to appear before the trial Court on every adjournment and as and when required.
7.
Accordingly, the Criminal Petition is allowed. Miscellaneous applications, if any pending, shall stand closed.
_______________ K. SUJANA, J Date: 18.06.2026 gv
- 6 - THE HON'BLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.8367 OF 2026 DATE : 18.06.2026 gv