Mr. Mohammed Khan v. The State Of Telangana

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.11408 of 2025 ORDER:

This Criminal Petition is filed before this Court for grant of pre-arrest bail to the petitioner who is arrayed as accused No.1 in FIR No.86 of 2025 before the EOW Team 1, CCS, DD Police Station, at Hyderabad District, registered for the offences punishable under Sections 318 (4), 336, 338 and 61 (2) of BNS Act, 2023.

2.

The case of the prosecution is that on 29-07-2025 at 20:20 hrs, the de-facto complainant lodged a complaint before the police stating that while he was conducting VTC duty on 07-07-2025 at 5 P.M., to on 0807-2025 6 A.M., he got credible information regarding a Vehicle bearing No. AP 29 TA 7213 laying in a breakdown condition at Falaknuma area since June 2025, but the EWay Bills were generated fraudulently by the GST taxpayers on the vehicle bearing No. AP 29 TA 7213 and the E-Way Bills were generated for the purpose of

transportation of goods from one place to another by the GST taxpayers without actual movement of goods. Hence, he requested for taking necessary action. On receipt of the said complaint, the Police registered case against the petitioner for the offences as alleged. Aggrieved thereby, this Criminal Petition is filed seeking anticipatory bail of the petitioner.

3.

Heard Sri Mirza Safiulla Baig, learned counsel for petitioner as well as Sri Arun Kumar Doddla, learned Additional Public Prosecutor appearing on behalf of the respondent - State.

4.

Learned counsel for petitioner submitted that other accused have already released on anticipatory bail, as they have paid the fine amount for the said violation and the petitioner herein is unaware of the same. 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. It is further submitted that the petitioner herein is also involved with other accused for the alleged offences. Further, the investigation was not yet completed. 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 light of the submissions made by both the learned counsel and upon perusal of the material available on record, it appears that the alleged offences are punishable under Sections 318 (4), 336, 338 and 61

(2) of BNS Act, 2023, wherein the other accused have already paid the fine amount for the said violation and the petitioner herein is the driver. Considering the facts and circumstances of the case, this Court deems it fit to

grant pre-arrest bail to the petitioner, subject to compliance of the following conditions:

i.

The petitioner shall surrender before the Station House Officer, the INSP ADMIN (DD) Police Station, at Hyderabad District, within two weeks from today, and on such surrender, the said Station House Officer shall release him on bail, on petitioner executing a personal bond for Rs.25,000/- (Rupees Twenty Five Thousand only), 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 Monday 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: 10.09.2025 TU

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.11408 of 2025 Date: 10.09.2025 TU