Naser Bafana v. The State Of Telangana
THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.11313 of 2025 ORDER:
This Criminal Petition is filed before this Court to enlarge the petitioners-accused Nos.5 and 6 on bail in Crime No.179 of 2025 of Chandrayangutta Police Station, Hyderabad, registered for the offences punishable under Sections 103(1), 329(4) read with 3(5), 115(2) and 238 of BNS.
2 .
The brief facts of the case are that, on 26-06-2025, the defacto complainant, a police constable from Chandrayangutta Police Station, Hyderabad, lodged a complaint stating that while on patrol duty at approximately 17:35 hours, he received a Dial-100 call from one Mohd. Ghouse Khan. The call disconnected immediately upon answering, and subsequent attempts to reconnect were unsuccessful. Using the caller's location, the constable proceeded to the spot and found a crowd gathered. Upon inquiry, he was informed that a murder had occurred. He entered the residence and discovered a male individual lying in a pool of blood with visible injuries. He immediately informed his superiors and returned to the police station to file a formal complaint, requesting necessary action. During the investigation, the Investigating
authority came to know that Accused Nos.1 and 2 stabbed the deceased and accused Nos.3 to 6 accompanied them, as such a case was registered against accused Nos.1 to 6 for the above mentioned offences.
3.
Heard Sri Moh. Muzaferullah Khan, learned counsel appearing for the petitioners as well as Sri Arun Kumar Doddla, learned Additional Public Prosecutor appearing on behalf of the respondent-State.
4.
Learned counsel for the petitioners submitted that the petitioners are innocent and has been falsely implicated in the alleged offences, and as per the remand case diary accused Nos.3 to 6 only threatened the people around and that apart from this vague allegation, there are no specific accusations against these petitioners. He further stated that the petitioners were arrested on 27.06.2025, and a substantial part of the investigation has already been completed. None of the alleged offences are directly or specifically attributable to the petitioners, and prayed the Court to grant bail to the petitioners by allowing this criminal petition. 5.
On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioners, contending that the allegations against the petitioners
are grave in nature and that the investigation is still ongoing, releasing the petitioners on bail at this stage may lead to tampering with evidence or intimidation of witnesses and 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 is evident that the petitioners have been in judicial custody since 27.06.2025. Considering the overall facts and circumstances of the case, including the nature of the allegations, the stage of investigation, and the period of incarceration, this Court finds it appropriate to grant bail to the petitioners, subject to the following conditions:
i.
The petitioners 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 Chief Metropolitan Magistrate, Hyderabad.
ii.
The petitioners shall appear before the concerned SHO at 11:00 a.m., on every Monday for a period of eight (8) week or till filing of charge sheet whichever is earlier, for the purpose of investigation, and thereafter, as and when required.
iii.
The petitioners shall abide by the conditions stipulated in Section 437(3) of Cr.P.C. (presently, Section 480(3) of the BNSS).
7.
Accordingly, the Criminal petition is allowed. Miscellaneous applications, if any pending, shall stand closed.
_______________ K. SUJANA, J Date: 10.09.2025 SS
THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.11313 of 2025 Date: 10.09.2025 SS