Mariyam Fatima, v. The State Of Telangana

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.12771 of 2025 ORDER:

The present Criminal Petition is filed praying this Court to grant pre arrest bail to the petitioner who is arrayed as accused No.1 in FIR.No.260 of 2025 before the Chaderghat Police Station, Hyderabad, registered for the offences punishable under Sections 123, 305(a) read with 3(5) of BNS. 2.

The brief facts of the case are that the de facto complainant alleged that the petitioner, along with other accused, administered sedative drugs to her father, Mohammed Mannan Farooqui, who suffers from bipolar disorder, and stole Rs. 1.10 crore in cash, 40 tolas of gold jewelry, property documents, and two original passports from his residence on June 30, 2025. The victim regained consciousness on July 1, 2025, and found the valuables missing. The CCTV footage allegedly confirmed the petitioner's involvement in the theft, which further deteriorated the victim's health due to the trauma and administration of intoxicants.

3.

Heard Sri B.Manav Kumar, learned counsel for petitioner, and Sri D. Arun Kumar, learned Additional Public Prosecutor appearing for respondent - State.

4.

Learned counsel for petitioner submitted that the petitioner, the stepmother of the de facto complainant, is innocent and falsely implicated in the case. The allegations of theft of Rs. 1.10 crores and 40 tolas of gold are baseless, and there is no evidence to substantiate the claims. He contended that the petitioner's husband, the father of the de facto complainant, has a history of harassing her and attempted to harm their child, leading to a complaint filed by the petitioner. He further contended that the present complaint is a retaliatory measure, and the husband's bipolar disorder is being suppressed. Therefore, he prayed this Court to grant anticipatory 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 petitioner stating that the allegations against the petitioner

are of serious nature which requires investigation. Therefore, prayed the Court to dismiss the criminal petition. 6.

Having regard to rival submissions made and on going through the material placed on record, it is noted that petitioner is stepmother of de facto complainant and a report is also lodged by her stating that her husband harassed her physically and mentally, but no FIR was registered. Therefore, considering the facts and circumstances of this case in detail, and the relationship between the parties, this Court deems it fit to grant pre-arrest bail to petitioner, subject to compliance of the following conditions:

i.

The petitioner shall surrender before the Station House Officer, Chaderghat Police Station, Hyderabad, within two weeks from today, and on such surrender, the said Station House Officer shall release petitioner on bail, on her 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,

and co-operate with the Investigating Officer in investigating the case.

iii.

The petitioner shall appear before the concerned Investigating Officer on every Wednesday 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: 14.10.2025 PT

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.12771 of 2025 Date: 14.10.2025 PT