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High Court for State of TelanganaCRLP/12360/2025allowed no costs

Mohd, Khaja Moinuddin @ Imran, v. State Of Telangana,

2025-10-23K. Sujana5 pages

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.12360 of 2025 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.1 in Crime No.439 of 2025 before the Sadasivapet Police Station, Sangareddy District.

2.

The brief facts of the case are that a complaint was lodged on 18.08.2025 by the victim at the Bharosa Centre, Sangareddy, alleging that one Khaja Moinuddin Imran forcibly married her despite her refusal and subsequently subjected her to sexual and physical harassment. It was stated that the petitioner had altered the victim's Aadhaar details to show her as a major and conducted the marriage against her father's wishes.

3.

Heard Sri P. Sriharinath, learned counsel appearing on behalf of the petitioner as well as Sri D. Arun Kumar, learned

Additional Public Prosecutor appearing on behalf of the respondent - State.

4.

Learned counsel for the petitioner submitted that the petitioner was the legally wedded husband of the victim and that the allegations in the complaint were false, exaggerated, and motivated. He further submitted that the marriage took place with the consent of both families and in the presence of elders, and that the victim was not a minor on the date of marriage. He contended that the case was filed as a counterblast to an earlier dispute involving the victim's relatives and the petitioner's family. 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 bail stating that the allegations leveled against the petitioner are serious in nature. 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 the light of the submissions made by both the learned counsel and a perusal of the material available on record, it appears that the averments in the complaint disclose that the petitioner and the de facto complainant got married, and that the dispute primarily arose with regard to the age of the victim as reflected in the Aadhaar card. The report was filed mainly on the allegation that the petitioner had altered the Aadhaar details to show the victim as a major. Having regard to the facts and circumstances of the case, the nature of allegations, and the stage of investigation, this Court is of the opinion that custodial interrogation of the petitioner is not warranted at this stage and deems it fit to grant prearrest bail to the petitioner, subject to the following conditions:

i.

The petitioner shall surrender before the Station House Officer, Sadasivpet Police Station, Sangareddy District, 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 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: 23.10.2025 SAI

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.12360 of 2025 Date: 23.10.2025 SAI