Syed Nisar Ahmed v. The State Of Telangana

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.10644 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 No.2 in Crime No.230 of 2024 of Narayanguda Police Station, Hyderabad.

2.

The brief facts of the case are that on 02.07.2024, de facto complainant lodged a report before the Police stating that he sought a job abroad and came across Black Flame Service Pvt. Ltd. on Instagram on 18.05.2023. He visited their office in Hyderabad, where Pagilla Sai Shankar collected his personal and educational documents and demanded Rs.16,00,000/- for processing a UK job. Over time, Sai Shankar repeatedly asked for additional payments, including Rs.2,00,000/- to an HDFC Bank account, smaller online transfers, and Rs.1,75,000/- via PhonePe. After delays and excuses regarding the call letter, Sai Shankar promised to pay him Rs.2,00,000/- monthly, then closed his office and

returned to Guntur. Later, he sent a legal notice demanding Rs.25,000/- for the notice.

3.

Heard Sri D. Bhasker, 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 did not commit any offence as alleged and was falsely implicated in the case and that according to the complaint and the Remand Case Diary, only Rs.1,87,000/- was transferred to the company's account, while the remaining amount was transferred to the personal account of Sai Shankar; therefore, the company could not be held responsible for the personal transactions of accused No.1. He further submitted that the petitioner, being one of the directors of the company, was not involved in the alleged offence and could not be held liable for any illegal acts committed by Accused No.1 in his individual capacity. He further submitted that the investigation had been completed and all witnesses had been examined, and the petitioner

undertook not to tamper with any witnesses or interfere with the investigation. Therefore, he prayed the Court to grant prearrest bail to the petitioner by allowing this criminal petition. 5.

On the other hand, learned Additional Public Prosecutor opposed the bail stating that the allegations leveled against the petitioner are serious in nature. At this stage, granting of pre-arrest bail to the petitioner does not arise. Therefore, he prayed the Court to dismiss the criminal petition. 6.

In the light of the submissions made by both learned counsel and upon perusal of the material available on record, it appears that the alleged offences against the petitioner are punishable with imprisonment of less than seven years. As seen from the record, the material part of the investigation has been completed and all the witnesses have been examined. Considering the facts and circumstances of the case, this Court deems it fit to grant pre-arrest bail to the petitioner, subject to the following conditions:

i.

The petitioner shall surrender before the Station House Officer, Narayanguda Police Station,

Hyderabad, within two weeks from today, and on such surrender, the said Station House Officer shall release them 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: 28.08.2025 SAI

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.10644 of 2025 Date: 28.08.2025 SAI