Azif Shaik Alias Shaik Ajeeb v. The State Of Telangana

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.12743 OF 2025 ORDER :

This criminal petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') by the petitioner/accused seeking anticipatory bail in connection with FIR No.1 of 2025 of Kuravi Police Station, Mahabubabad District. The offences alleged against the petitioner are under Section 87 and 351 of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS').

2.

The case of the prosecution is that the defacto complainant lodged a complaint before police on 12.09.2025 stating that while she was residing at Sandhya Krishnaveni Girls Hostel, Dilsukhnagar, Hyderabad, the petitioner who is a villager known to her came to her hostel and called her outside. Upon her stepping out, the petitioner informed her that he had photographs of them together and when she requested him to delete the said photographs he refused and stated that he would only delete them if she accompanies him to their native village, Bethole. When the complainant declined, the petitioner allegedly threatened her with an acid bottle he had brought with him, stating that he would pour it on her and kill her if she did not come with him and forced her to board a bus to Khammam with him. While she was speaking to her parents over the phone, he

- 2 - forcibly snatched her phone. They reached Khammam at around 09:30 AM, where he again threatened her and made her board another bus to Illendu. Upon reaching Illendu he made her to sit at the bus stand, took her phone, and called her father. He informed her father that they were at the Illendu bus stand and intended to marry at the registrar's office, after which they would proceed to the police station. It is further stated that the complainant then attempted to retrieve her phone, and the petitioner returned it after removing the SIM card. She immediately boarded a bus to Khammam and contacted her father using another phone. Her father sent her maternal uncle to Khammam bus stand, and she went with him to his residence. Her parents later arrived and, upon inquiry, she narrated the entire incident. As such the complainant has requested the police to take necessary action against the petitioner for the above offences.

3.

Heard Sri K.Venumadhav, learned counsel for the petitioner and Sri D.Arun Kumar, learned Additional Public Prosecutor appearing for the respondent-State. 4.

The contention of learned counsel for the petitioner is that complaint filed by the complainant is totally false. The petitioner and the complainant are in love with each other and now she is not interested in the petitoner, as such she lodged a

- 3 - false case against him. The petitioner and complainant are already married and whatever the relationship between the parties is a consensual relationship. The complainant herself sent location to the petitioner and she willingly went along with him, as such, there is no offence under Section 87 of BNS. Hence, requested this court to grant anticipatory bail to the petitioner.

5.

On the other hand learned Additional Public Prosecutor opposed bail on the ground that the allegations against the petitoner are serious in nature, he kidnapped the complainant by threatening her with acid bottle which is a grave offence. As such, petitioner is not entitled for anticipatory bail and prayed to dismiss this petition.

6.

Considering the submissions made by both the counsel and the material placed on record, the allegations against the petitioner are that he kidnapped the complainant, whereas the averments in the complaint itself shows that she went to Khammam along with the petitioner and then to Illendu and thereafter she again came to Khammam and informed to her father and all the way the complainant was along with the petitoner in the bus. Considering all these circumstances, this Court deems it fit to grant bail to the petitioner subject to the following conditions :

- 4 - i.

The petitioner/Accused shall surrender before the Station House Officer, Kuravi Police Station, Mahabubabad 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/Accused shall appear before the concerned SHO at 11:00 a.m., on every Wednesday for a period of eight

(8) weeks, for the purpose of investigation and thereafter, as and when required.

iii.

The petitioner/Accused 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, this Criminal Petition is allowed. Miscellaneous petitions, if any, pending shall stand closed.

_______________ K. SUJANA, J Date : 14.10.2025 Rds

- 5 - THE HON'BLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.12743 OF 2025 DATE :14.10.2025 Rds