Syed Sajid Hussain v. The State Of Telangana

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.10313 of 2025 ORAL 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 in Crime No.271 of 2025 of Hasanparthy Police Station, Warangal District.

2.

The brief facts of the case are that on 01.07.2025 at about 16:00 hours, the complainant, Smt. Moola Ramadevi, Assistant Superintendent of Posts, Hanamkonda SubDivision, lodged a complaint at Hanamkonda Police Station stating that as per the instructions of the Superintendent of Post Offices, Hanamkonda Division, she was directed to lodge a police complaint on behalf of the Department of Posts against Sri Syed Sajid Hussain, Grameena Dak Sevak Branch Postmaster (off duty) of Jayagiri Branch Post Office under Hasanparthy Sub-Post Office. During his tenure as Branch Postmaster at Pembarthy Branch Office under Hasanparthy SO from 09.08.2012 to 11.03.2022, he was found to have a

cash shortage of Rs.1,68,645/-, which was detected during an inspection by Sri G. Kinas, then Assistant Superintendent of Post Offices, Hanamkonda Sub-Division. Later, the said amount was credited under Unclassified Receipts (UCR) by Sri Syed Sajid Hussain through various payments i.e., Rs.1,50,000/- on 04.08.2022, Rs.18,645/- on 18.08.2022, and Rs.31,500/- on 23.09.2022, towards the shortage and related interest. A departmental inquiry was initiated, and as per Rule 34 of the General Financial Rules, 2017 (regarding losses of government property above Rs.50,000/-), the matter was required to be reported to the police.

3.

Heard Dr. Challa Srinivasa Reddy, learned counsel appearing on behalf of the petitioner as well as Sri Syed Yasar Mamoon, learned Additional Public Prosecutor appearing on behalf of the respondent - State.

4.

Learned counsel for the petitioner submitted that the petitioner was innocent of the alleged offence and that the de facto complainant had foisted the case due to departmental politics in order to protect the real culprits and that the complainant lodged the complaint without verifying the

accounts and without seeking any explanation from the petitioner. He further submitted that a plain reading of the FIR showed that it was a fabricated one, filed only to harass the petitioner and spoil his career and that there was no incriminating material against the petitioner to prosecute him and that, even as per the facts stated in the complaint, no case was made out. Therefore, he prayed the Court to grant pre-arrest bail to the petitioner by allowing this criminal petition.

5.

On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioner stating that the allegations leveled against the petitioner are serious in nature. At this stage, granting of prearrest bail does not arise. 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 on record, it appeared that the amount involved had already been paid by the petitioner along with interest. Considering these facts and circumstances, this Court deemed it fit to allow the petition

and grant anticipatory bail to the petitioner, subject to the following conditions:

i.

The petitioner shall surrender before the Station House Officer, Hasanparthy Police Station, Warangal, 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, 2023 and co-operate with the Investigating Officer in investigating the case.

iii.

The petitioner shall appear before the concerned Investigating Officer on every Wednesday between 09:00 a.m, and 05:00 p.m., till the filing of the

charge sheet 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: 25.08.2025 SAI

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.10313 of 2025 Date: 25.08.2025 SAI