Mohd Habeeb Ur Rahman, v. The State Of Telangana,

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.13976 OF 2025 ORDER :

This criminal petition is filed under Section 480 & 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') by the petitioner/A.2 seeking his enlargement on bail in connection with Crime No.172 of 2025 of Shahalibanda Police Station, Hyderabad. The offences alleged against the petitioner are under Section 25 (1) (A) of Indian Arms Act, 1959 r/w.3(5) of Bharatiya Nyaya Sanhita, 2023.

2.

The case of the prosecution is that on 05.10.2025 the complainant who is the S.I of Police, filed complaint stating that on the same day, he received credible information about two persons roaming with dragger knife in suspicious manner at water tank, Shamsheergunj. Immediately they reached the scene of offence and found A.2 with the said weapon and police seized the said weapon and arrested the accused on the same day and registered a case against the accused for the above offences.

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Heard Sri K.Satish Chakravarthy, learned counsel for the petitioner and Sri D. Arun Kumar, learned Additional Public Prosecutor appearing for the respondent-State. 4.

The contention of learned counsel for the petitioner is that petitioner is innocent of the alleged offences. Even according to the prosecution A.1 used to carry knife with him for his protection as he is facing life threat with some persons.There are no allegations against this petitioner and there is no averment in the complaint that with this weapon any offence is committed by either the petitioner or A.1. Petitioner is in jail from 05.10.2025 and material part of investigation is completed. As such, prayed this Court to grant bail to the petitioner. 5.

On the other hand, learned Additional Public Prosecutor opposed bail stating that the alleged offence against the petitioner is serious in nature and investigation is not yet completed. A.1 is absconding and his whereabouts have to be traced out. If petitioner is granted bail it will hamper the investigation. As such, requested this Court to dismiss this petition.

6.

Considering the submissions made by the respective counsel and the material placed on record,the allegations

- 3 - against this petitioner is that he is holding weapon at the time of seizure. Even according to the prosecution case the said weapon belongs to A.1 and there is no such allegation against this petitioner that he committed any offence with the said weapon. Considering the period of incarceration of petitioner in jail, this Court deems it fit to grant bail to the petitioner subject to the following conditions :

i.

The petitioner/A.2 shall execute a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties for a like sum each to the satisfaction of XVI Additional Chief Judicial Magistrate at Nampally, Hyderabad.

ii.

The petitioner/A.2 shall appear before the concerned SHO at 11:00 a.m., on every Wednesday for a period of eight (8) weeks, for the purpose of investigation and thereafter, as and when required.

iii.

The petitioner/A.2 shall abide by the conditions stipulated in Section 483(2) of BNSS.

7.

Accordingly, the Criminal Petition is allowed. Miscellaneous petitions, if any, pending shall stand closed.

_______________ K. SUJANA, J Date :10.11.2025 Rds

- 4 - THE HON'BLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.13976 OF 2025 DATE :10.11.2025 Rds