Hera Ishteyaque v. The State Of Telangana

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.13250 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.4 in FIR.No.128 of 2023 before the Inspector of Police, EOW Team II, CCS, DD, Hyderabad, registered for the offences punishable under Sections 406, 420 read with 32 of IPC.

2.

The brief facts of the case are that one Abdul Lateef Ahmed filed a complaint alleging that Mohammed Almas and others cheated him by taking Rs. 68,00,000/- for investment in a fake company, Almashera Financial Advisory Pvt. Ltd., promising a monthly profit of Rs. 1,84,000/-, which was not paid. Almas also took Rs. 12,00,000/- from the complainant's brother, Jameel Bin Ahmed, without repaying it. The accused allegedly threatened the complainant and tried to occupy his property in Balapur Village, Hyderabad, using false

documents. Aggrieved thereby, this criminal petition is preferred.

3.

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

Learned counsel for the petitioner submitted that the complaint lacks evidence against the petitioner, a housewife with no involvement in the alleged financial establishment. He further submitted that the name of petitioner is not mentioned in the FIR or complaint, and no overt acts are attributed to her. He asserted that the case is a civil dispute misrepresented as a criminal case with malicious intent. He averred that the accused No. 3 died and the petitioner who is innocent and is allegedly related to the accused, faces harassment. While advocating that the husband of petitioner (Accused No. 2) and Accused No. 1 are already on bail, 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 petitioners stating that petitioner is also instrumental in collecting amounts from innocent victims, as such, her custodial interrogation is necessary.

Therefore, he prayed this Court to dismiss the criminal petition, stating that if the relief of anticipatory bail is granted to petitioner, the investigation would be hampered. 6.

Having regard to rival submissions made and on going through the material placed on record, it is noted that accused No.1 in the case is already served with notice under Section 35 (3) of the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS') previously known as Section 41A of Criminal Procedure Code, and accused No.3, who is habitual offender is also granted bail by the trial Court. The petitioner who is arrayed as accused No.4 is wife of accused No1, and the specific allegations leveled against the accused are that they cheated huge number of innocent people by promising them to invest their amounts to gain profits. However, considering the facts and circumstances

of this case in entirety, and keeping in mind the fact that crime is of the year 2023, 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, Inspector of Police, EOW Team II, CCS, DD, 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, 2023 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: 30.10.2025 PT

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.13250 of 2025 Date: 30.10.2025 PT