Mohamood v. The State Of Telangana
THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.13001 of 2025 This Criminal Petition is filed before this Court for grant of bail to the Petitioner who is arrayed as accused No.6 in Crime No.75 of of Bowenpally Police Station, Secunderabad, registered for the offences punishable under Sections 310(2), 61(2), 111(1), 317(2) r/w 3(5) of BNS and Section 25(1)(a) of Arms Act, 1953 and Section 5 r/w 10 of Telangana Prohibition of Cow Slaughter and Animal Preservation Act, 1977.
2.
The brief facts of the case are that, on 03.03.2025, the de-facto complainant lodged a report before the police stating that he owns a buffalo farm and in which there are eight buffaloes, One Ox and one brown colour Jersey Cow and he has to take his cattle to the Vegetable Market on every day and on 18.02.2025, the complainant took his cattle to the same place and went to attend function, thereafter, he returned on 19.02.2025 and he noticed that brown colour jersey cow missing and inspite of search, he could not trace the cow. Thereafter, he checked CCTV footage of Makkan Shah Hotel and found that an unknown person got down from
a car and chased his cow aways from the locality. Hence, he requested to take necessary action. Basing on the said complaint, the police registered a case and investigated the same and on investigation, they found that accused Nos.1 to 3 had committed the theft of the cow and has given injection to the cow and forcibly pushed the cow into the vehicle's boot (dicky) and according to the investigating authorities all these stolen cows and buffaloes were sold to the petitioner herein, who is arrayed as accused No.6 for the above said offences. 3.
Heard Sri L. Harish, learned counsel appearing on behalf of the petitioner/accused No.6 as well as Sri Arun Kumar Doddla, learned Additional Public Prosecutor for respondent-State.
4.
Learned counsel for the petitioner submitted that, even according to the prosecution, the allegation against the petitioner is that he is the receiver of the stolen property and all these crimes were registered in the year 2024, basing on the confession statement of accused Nos.1 to 3. It is further submitted that the petitioner is innocent of the alleged offences and he is in jail from 09.08.2025 and the material part of the investigation was already completed. Therefore, he
prayed the Court to grant bail to him 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 him are serious in nature. It is further submitted that there are multiple crimes registered against him and he is the habitual offender of Section 111(1) of BNS. As such, he is not entitled for bail. Therefore, he 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 appears that the petitioner herein had purchased the stolen property from accused Nos.1 to 3 and all these crimes were registered in the year 2024, basing on the confession statement of accused Nos.1 to 3 and he is in jail from 09.08.2025. Further, no chargesheet is filed and the material part of the investigation was already completed. Considering the facts and circumstances of the case, the nature of the allegations, the stage of investigation, and the duration of incarceration, this Court finds it appropriate to
grant bail to the petitioner/accused No.6, subject to the following conditions.
i.
The petitioner/ accused No.6 shall execute a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each, with two sureties for a like sum each to the satisfaction of the learned Special Judge for Trial of Offences under SCs and STs (POA Act Cum VI Additional Sessions Judge, Secunderabad.
ii.
The petitioner/ accused No.6 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 petitioner/ accused No.6 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: 15.10.2025 TU
THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.13001 of 2025 Date:15.10.2025 TU