Mohammed Haider Hussain Siddiqui v. The State Of T.S.

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.14220 of 2024 ORDER:

This Criminal Petition is filed under section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 for granting of pre-arrest bail to the petitioners in Crime No.114 of 2024 of Kalapattar Police Station, Hyderabad.

2.

The brief facts of the case are that on 19.06.2024, while the de-facto complainant was proceeding on his two wheeler bearing No.TS12EQ6718 towards his brother's house, the accused persons despite beating the de-facto complainant mercilessly for refusing to give the demanded money by damaging his motor bike, also thrown the stones at the defacto complainant's brother house. Hence, a case was registered vide Crime No.114 of 2024 before the Kalapattar Police, Hyderabad, for the offences punishable under Sections 341, 324 and 427 read with 34 of the IPC.

3.

Heard Sri Jalib Hasan, learned counsel appearing on behalf of the petitioners as well as Sri Syed Yasar Manoon,

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

4.

Learned counsel for the petitioners submitted that the petitioners are innocent and they are implicated in the case with false and fabricated allegations. He further submitted that the petitioners are no way concerned with the alleged offences. Hence, he prayed the Court to grant anticipatory bail to the petitioners.

5.

On the other hand, learned Additional Public Prosecutor submitted that the petitioners are arrayed as accused Nos.10 and 11, however, due to typographical error it is mentioned as accused Nos.B1 and B2. He further submitted that the investigation is not yet completed, therefore, granting anticipatory bail to the petitioners, at this stage, does not arise. Hence, he prayed the Court to dismiss the criminal petition.

6.

Having regard to the submissions made by both the parties and a perusal of the material placed on record, it is apparent that there are no specific allegations against the petitioners who are arrayed as accused Nos.10 and 11. It is pertinent to note that material part of the investigation is

completed. Therefore, considering the facts and circumstances of the case, this Court is of the considered view that it is a fit case for granting of anticipatory bail to the petitioners. 7.

Accordingly, this petition is allowed granting anticipatory bail to the petitioners subject to the following conditions:

i.

The petitioners shall surrender before the Station House Officer of P.S.

Kalapattar, Hyderabad, within two weeks from today, and on such surrender, the said Station House Officer shall release them on bail on executing a personal bond for Rs.25,000/- with two sureties, for the like sum each.

ii.

The petitioners shall appear before the concerned Station House Officer on every Monday between 9:00 A.M. to 10 P.M., for a period of eight (08) weeks or till filing of charge sheet whichever is earlier.

iii.

The petitioners 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.

Miscellaneous applications, if any pending, shall stand closed.

_______________ K. SUJANA, J Date: 17.12.2024 gms

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.14220 of 2024 Date: 17.12.2024 gms