Shaik Jamal A.3, v. The State Of Telangana,

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.14572 of 2025 ORDER:

This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of pre-arrest bail to the petitioner, who is arrayed as accused No.3 in Crime No.39 of 2017 before the Bellampalli-I Town Police Station, CID Regional Office, Karimnagar District. 2.

The case of the prosecution is that on 03.03.2017 at about 22:00 hours, the de facto complainant lodged a report before the police stating that about two years ago, AEGIS Parivar Co-operative Society opened a branch at Bellampalli, Rama Talkies area, by deputing accused Nos.1 to 46 as its agents, who collected daily and monthly deposits from customers and failed to repay the same after maturity. Hence, he requested that necessary action be taken. Upon receipt of the said complaint, the police registered a case against the petitioner for the aforementioned offences. Aggrieved thereby, the petitioner filed the present Criminal Petition seeking anticipatory bail.

3.

Heard Sri G. Sundaresan, learned counsel appearing on behalf of the petitioner as well as Sri Arun Kumar Doddla, learned Additional Public Prosecutor appearing on behalf of the respondent-State.

4.

Learned counsel for the petitioner submitted that a perusal of the remand report shows that the entire allegations were against accused Nos.1, 2 and 48, who had collected deposits from customers, while the petitioner, being merely an employee of AEGIS Farm and Construction Limited, had no role in the alleged offence. He further submitted that there was no evidence against the petitioner except the inadmissible confession of a co-accused and that the investigation was substantially completed, 72 witness statements are completed and documents seized. He further submitted that no monetary loss was caused to the customers, as several plots were registered in their favour, and that custodial interrogation was unnecessary since the petitioner had deep roots in society and was willing to cooperate with the investigation. Therefore, he prayed the Court to grant prearrest bail to the petitioner by allowing this criminal petition.

5.

On the other hand, the learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioner, stating that the allegations leveled against the petitioner are serious in nature and that the investigation is still in progress. Therefore, at this stage, granting pre-arrest bail to the petitioner does not arise. Hence, he prayed that the Court dismiss the Criminal Petition.

6.

In the light of the submissions made by both the learned counsel and upon a perusal of the material available on record, it appears that the petitioner was working as a Regional Manager of the concerned area, and the amounts collected were primarily handled and misappropriated by accused Nos.1 and 2. The record further discloses that a portion of the amount collected from depositors has already been settled by accused Nos.1 and 2. The alleged offence pertains to the year 2017, and the investigation appears to have progressed substantially, with the statements of several witnesses already recorded and relevant documents seized. Having regard to the nature of allegations, the limited role attributed to the petitioner, and the fact that custodial

interrogation does not appear to be necessary at this stage, this Court deems it fit to grant pre-arrest bail to the petitioner subject to the following conditions:

i.

The petitioner shall surrender before the Station House Officer, CID Regional Officer, Karimnagar, within two weeks from today, and on such surrender, the said Station House Officer shall release him on bail on executing a personal bond for Rs.25,000/- 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 Monday 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: 14.11.2025 SAI

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.14572 of 2025 Date: 14.11.2025 SAI