Syed Mustafa v. The State Of Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.15100 of 2025 DATE: 03.12.2025 BETWEEN:

Syed Mustafa .....petitioner/accused And The State of Telangana, through P.S. Narsingi, Cyberabad, Rep. by its Public Prosecutor.

.....Respondent/complainant

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.16 in Crime No.1123 of 2025 before the Narsingi Police Station, Cyberabad Commissionerate, registered for the

offences punishable under Sections 420, 467, 468, 471, 120b and 506 of IPC.

2.

The brief facts of the case are that certain plots situated in Narsingi Village, Ranga Reddy District, belonging to Agri Gold group companies, had been attached by the Government of Andhra Pradesh under GO Ms. No.117 dated 14.08.2018 due to the company's failure to repay depositors. A complaint was lodged on 08.06.2025 alleging that some persons had encroached upon the attached properties by creating fake documents and constructing an apartment in violation of the government orders. Based on this complaint, a case was registered, and the petitioner was shown as accused No.16 on the allegation that he had attested Sale Deed Document No.1768 of 2020.

3.

Heard Sri R. Anurag, learned counsel appearing on behalf of the petitioner as well as Sri D. Arun Kumar, learned Additional Public Prosecutor appearing on behalf of the respondent - State.

4.

Learned counsel for the petitioner submitted that the petitioner had been falsely implicated without any specific allegation or independent evidence indicating his involvement in the alleged fraud and that the petitioner was neither a seller nor a purchaser and had merely acted as an attesting witness, which did not create any criminal liability or imply knowledge of the document's contents. He contended that the petitioner derived no benefit from the transaction, had no role in negotiating or drafting the sale deed, and there was no necessity for custodial interrogation. Therefore, he prayed the Court to grant pre-arrest bail to the petitioner by allowing this Criminal Petition.

5.

On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioner stating that there are specific allegations against the petitioner. Further, the investigation was not yet completed. At this stage, granting of pre-arrest bail to the petitioner does not arise. 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 a perusal of the material available on record, it appears that the main allegation against the petitioner is that he is an attesting witness to the sale deed bearing Document No.1768 of 2020. Except for this allegation, there is no specific accusation that he himself forged the said document, the only allegation is that he allegedly conspired with the other accused. Since the investigation is primarily based on documentary evidence, custodial interrogation of the petitioner does not appear to be necessary at this stage.

Considering the facts and circumstances of the case, this Court deems it fit to grant prearrest bail to the petitioner, subject to the following conditions:

i.

The petitioner shall surrender before the Station House Officer, Narsingi Police Station, Cyberabad Commissionerate, 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: 03.12.2025 SAI

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.15100 of 2025 Date: 03.12.2025 SAI