Mohammed Anwar, v. The State Of Telangana
THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.13790 of 2025 This Criminal Petition is filed before this Court for grant of bail to the Petitioners who are arrayed as accused Nos.5 and 6 in FIR No.128 of 2025 of Mahankali Police Station, Hyderabad District, registered for the offences punishable under Sections 310(2), 61(2), 111(1) r/w 3(5) of BNS, Section 25(1)(a) of Arms act, 1959 and Section 5 r/w 10 of the Telangana Prohibition Cow Slaughter and Animal Preservation Act, 1977.
2.
The brief facts of the case are that, on 06.08.2025, the de-facto complainant lodged a report before the police stating that the de-facto complainant is running a diary business and owns a cow shed and on the day, when his returned back to the cattle shed during the night, the complainant along with his uncle left their cows on 14.05.2025 and on the same day, the cows returned back to the cattle shed. However, after drawing milk from cows again in the night, they left their cows near Anjali Theatre, General Bazar and went to attend their sister's marriage and they returned back to home.
Immediately, they went to the cattle shed and found that two
cows and his uncle's one cow were missing and they checked nearby places, but they were unable to trace them and they suspected some unknown persons have committed theft of their cows. Hence, the complainant requested to take necessary action. Basing on the said complaint, the police registered a case for the above said offences. 3.
Heard Sri K. V. R. Varma, learned counsel appearing on behalf of the petitioners as well as Sri Arun Kumar Doddla, learned Additional Public Prosecutor for respondent-State. 4.
Learned counsel for the petitioners submitted that the petitioners are innocent of the said allegations and they are no way connected with this case and they are in jail from 06.08.2025 and till today, no charge sheet is filed by the Investigating Authority and the investigation is almost 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 petitioners stating that the allegation leveled against them are serious in nature and the petitioners herein are habitual offenders and there are 4 crimes registered against these
petitioners for the similar allegations. As such, they are not entitled for regular 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 petitioners are in jail from 06.08.2025 and till today, there is no charge sheet filed by the Investigating Authority. Further, as seen from the record, LWs 1 to 8 witnesses were already examined. 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 petitioners/accused Nos.5 and 6, subject to the following conditions.
i.
The petitioners/accused Nos.5 and 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 the learned XI Additional Chief Judicial Magistrate, at Secunderabad.
ii.
The petitioners/accused Nos.5 and 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 investigation, and thereafter, as and when required.
iii.
The petitioners/accused Nos.5 and 6 shall abide by the conditions stipulated in Section 437(3) of Cr.P.C.
(presently, Section 480(3) the BNSS).
7.
Accordingly, the Criminal petition is allowed. Miscellaneous applications, if any pending, shall stand closed.
_______________ K. SUJANA, J Date: 03.11.2025 TU
THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.13790 of 2025 Date:03.11.2025 TU