Avulla Raj Kumar @ Shiva Raj Kumar @ Shiva, v. The State Of Telangana,

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.14915 OF 2025 ORDER :

This criminal petition is filed under Section 480 & 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') by the petitioner/Accused No.2 seeking enlargement on bail in connection with Crime No.712 of 2025 of Banjara Hills Police Station, Hyderabad. The offences alleged against the petitioner are under Sections 309(4), 111(2)(b) of Bharatiya Nyaya Sanhita, 2023 & U/s. 25(1B)(b)ARMS Act, 1959.

2.

The brief facts of the case are that, on 24.08.2025, the defacto complainant, lodged a report with the police stating that on 13.08.2025, he received a call from Accused No.2 asking him to come out of Basavatarakam Cancer Hospital. Upon stepping out, he saw Accused No.2 and Accused No.1 waiting nearby. Both accused allegedly caught hold of him; Accused No.1 forcibly snatched his mobile phone and demanded money for its return, while Accused No.2 searched his pant and shirt pockets and took Rs.3,000/-, which had been given to him by his father. When the complainant attempted to retrieve his belongings, Accused No.1 allegedly took a dagger and threatened to kill him.

- 2 - Based on this complaint, the police registered a case against the accused for the aforementioned offences.

3.

Heard Sri Aziz Hussain, learned counsel for the petitioner and Sri E. Ganesh, learned Assistant Public Prosecutor appearing for the respondent-State.

4.

The contention of learned counsel for the petitioner is that the petitioner is innocent of the allegations leveled against him and that the only allegation attributed to the petitioner is that he took an amount of Rs.3,000/- from the de-facto complainant, whereas all the serious allegations pertain to Accused No.1 and that the petitioner and the de-facto complainant are known to each other. He further submitted that the petitioner has been in judicial custody since 28.08.2025 and that the crucial part of the investigation has already been completed. Therefore, prayed this Court to grant bail to the petitioner.

5.

On the other hand, the learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioner, contending that the allegations against the petitioner are severe in nature and there are many cases pending against accused No.1 and the investigation is still

- 3 - ongoing. Therefore, prayed the Court to dismiss the criminal petition.

6.

In light of the submissions made by both the learned counsel and upon a perusal of the material available on record, it is evident that the petitioner has been in judicial custody since 28.08.2025. As recorded in the remand case diary, prosecution witnesses LWs.1 to 12, including the investigating officer, have already been examined. Furthermore, it is noted that there are no other criminal cases pending against the petitioner. Considering the overall facts and circumstances of the case, including the nature of the allegations, the stage of investigation, and the duration of incarceration, this Court finds it appropriate to grant bail to the petitioner-accused No.2, subject to the following conditions:

i.

The petitioner-accused No.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 the learned III Additional Chief Judicial Magistrate, Hyderabad.

- 4 - ii.

The petitioner-accused No.2 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 of investigation, and thereafter, as and when required.

iii.

The petitioner-accused No.2 shall abide by the conditions stipulated in Section 437(3) of Cr.P.C. (presently, Section 480(3) of the BNSS).

7.

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

_______________ K. SUJANA, J Date: 18.11.2025 SS

- 5 - THE HON'BLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.14915 OF 2025 DATE :18.11.2025 SS