Mohammed Haroon Rasheed Khan v. The State Of Telangana

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.9921 OF 2025 ORDER :

This criminal petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short "BNSS') by the petitioners/A.1, 3 and 8 seeking anticipatory bail in connection with Crime No.156 of 2023 of Moinabad Police Station, Cyberabad. The offences alleged against the petitioners are under Sections 307, 447, 427, 506 r/w.120-B of the Indian Penal Code. 2.

The facts of the case are that the defacto complainant lodged a complaint before police on 10.05.2023 stating that the accused and their henchmen criminally trespassed into the subject land with deadly weapons and attempted to murder him and some others have also received severe injuries and they also damaged 15 two wheelers of his workers and pre-cast wall and threatened them with dire consequences. The injured were shifted to the hospital for treatment. Hence, requested the police to take action against the accused. Basing on the said complaint, the police registered the case against the accused.

- 2 - 3.

Heard Sri Mohammed Ismail Khan, learned counsel for the petitioners and Sri Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for the respondent-State. 4.

The contention of learned counsel for the petitioners is that accused No.1 is not present at the scene of offence. The only allegations against the petitioners is that on instructions of A.1, the remaining accused went to the scene of offence and committed offence, whereas, the petitioners herein are innocents of the said offence and due to the property disputes, they have been falsely implicated in this case. The date of offence is 09.05.2023, A.4 to A.7 already obtained bail and material part of investigation is already completed and charge sheet is filed. As such, requested this Court to grant anticipatory bail to the petitioners herein. 5.

On the other hand learned Additional Public Prosecutor opposed bail stating that the allegations against the petitioners are serious in nature. The investigation is completed and charge sheet is also filed. As such requested this Court to dismiss this petition. 6.

Considering the submissions made by the respective counsel and the material placed on record, admittedly, A.1 is not present at the scene of offence and A.4 to A.7 were already granted bail and

- 3 - as charge sheet is filed, this Court deems it appropriate to grant bail to the petitioners/A1, 3 and 8 subject to the following conditions:

i.

The petitioners/A.1, 3 and 8 shall surrender before the XIII Additional Metropolitan Magistrate, Cyberabad at Rajendranagar and on such, surrender, the trial court is directed to release the petitioners on bail on their executing a personal bond for Rs.25,000/- (Rupees Twenty five thousand only) each with two sureties, for the like sum each.

ii.

The petitioners/A.1, 3 and 8 shall appear before the concerned SHO at 11:00 a.m., on every Wednesday for a period of eight (8) weeks, for the purpose of investigation and thereafter, as and when required.

iii.

The petitioners/ A.1, 3 and 8 shall abide by the other conditions stipulated in Section 482(2) of BNSS and co-operate with the Investigating Officer in investigating the case.

7.

Accordingly, the Criminal Petition is allowed. Miscellaneous petitions, if any, pending shall stand closed. _______________ K. SUJANA, J Date :20.08.2025 Rds

- 4 - THE HON'BLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION NO.9921 OF 2025 DATE : 20.08.2025 Rds