Shaik Khasim @ Khasim Sab v. The State Of Telangana

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.10755 OF 2025 ORDER :

This criminal petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') by the petitioner/A.1 seeking anticipatory bail in connection with Cr.No.05 of 2025 of Miryalaguda I-Town Police Station, Nalgonda District. The offences alleged against the petitioner are under Sections 406, 420, 408, 471, 386 and 506 r/w.Section 34 of Indian Penal Code (for short 'IPC').

2.

The facts of the case are that on 03.01.2025 the defacto complainant lodged a report stating that Rallapally Sridhar, Rallapally Parvathamma and Rallapally Narayana collected Rs.12 Lakhs from the complainant to arrange a job of Home Guard and handed over an order copy and told him to report at SP Office, Adilabad. Upon reaching the said office, he found the order copy as a fake one and they did not return the amount even after lapse of one and half year the same is not returned. As such, requested the police to take necessary action. Basing on the same the police registered the case against the accused for the above offences.

- 2 - 3.

Heard Sri K. Venumadhav, learned counsel appearing for Ms.A. Rupa Devi, learned counsel for the petitioner and Sri Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for the respondent-State.

4.

The contention of learned counsel for the petitioner is that petitioner's name is not reflected in the complaint and he is no way connected with the said offence. The incident occurred in the year 2023, complaint was made in the year 2024 and FIR was registered on 03.01.2025. There is no allegation against this petitioner and the investigating officer intentionally added Sections 386 and 506 of IPC just to remand the petitioner to escape from issuing Section 41-A Cr.P.C notice. As the petitioner is innocent of the said offences, prayed this Court to grant anticipatory bail to the petitioner.

5.

On the other hand, learned Additional Public Prosecutor opposed bail stating that though petitioner name is not mentioned in the complaint, he is the prime accused in this case. During the course of investigation the role of petitioner herein came into light. A.1 to A.3 established Grameena Udyoga Seva Kendram (Manpower Office) in the shutter rented by A.3 and registered the agency with a false registration number giving their operations a semblance of legitimacy. That their strategy was simple and deceitful, they collected

- 3 - documents, resumes and large amounts from the victims and cheated them. As the petitioner herein is the prime accused, he is not entitled for anticipatory bail and prayed this Court to dismiss this bail petition.

6.

Considering the submissions made by both learned counsel and upon perusal of the material available on record, the name of petitioner herein is not mentioned in the complaint and the statement of witnesses shows that the complainant gave Rs.1,50,000/- to Sridhar and the name of this petitioner is not mentioned by him. This petitioner was arrayed as accused basing on the confession statement of A.2 and A.3. Further there are no allegations in the statement to attract Section 386 of IPC and the remaining offences are punishable with below seven years. Considering the same, this Court deems it appropriate to grant bail to the petitioner subject to the following conditions:

i.

The petitioner/A.1 shall surrender before the Station House Officer, Miryalaguda I-Town Police Station, Nalgonda District, within two weeks from today, and on such surrender, the said Station House Officer shall release the petitioner on bail on his executing a personal bond for Rs.25,000/- (Rupees Twenty five thousand only) with two sureties, for the like sum each.

ii.

The petitioner/A.1 shall appear before the concerned SHO at 11:00 a.m., on every Wednesday for a period of eight (8) weeks, for

- 4 - the purpose of investigation and thereafter, as and when required.

iii.

The petitioner/A.1 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 :02.09.2025 Rds

- 5 - THE HON'BLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION NO.10755 OF 2025 DATE :02.09.2025 Rds