Fatima Begum 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.15394 of 2025 DATE: 04.12.2025 Between:

Fatima Begum .... Petitioner/Accused No.5 AND The State of Telangana, Rep. by its Public Prosecutor, Through P.S. Shahalibanda, Hyderabad High Court at Hyderabad.

.... Respondent/Complainant

O R D E R

The Criminal Petition is filed under Section 482 of BNSS praying this Court to grant pre-arrest bail to the petitioneraccused No.5 in Crime No.30 of 2025 before the Shahalibanda Police Station, Hyderabad, registered for the offences punishable under Sections 118(1) and 3(5) of BNS.

2.

The brief facts of the case are that, on 14.03.2025, the defacto complainant lodged a report before the police stating that

she had been living in a joint family for 18 years with her brother‐in‐laws Afroz and Parvez, and uncle Mohd. Yousuf. Afroz and Parvez often pressured her husband to vacate the house. On 14.03.2025 at about 10:30 hrs, while the complainant and Ameen were sleeping, Afroz and Parvez called them to the ground floor and started an argument. During the said argument, Afroz and Parvez assaulted Ameen with hands and a stick, causing severe head and body injuries. When her sister‐in‐law's son intervened, he also assaulted Ameen. Fateh Mohammed @ Sohail (aunt's son) tried to stop the fight but was beaten by Afroz and Parvez, sustaining injuries to both hands. Ameen was immediately shifted to Hospital, for treatment. Hence, the complainant approached the police for necessary action. Based on the complaint, the police registered a case against the accused for the alleged offences. During investigation, upon recording the statements of witnesses, the involvement of the petitioner was revealed, and she was arrayed as Accused No.5. 3.

Heard Sri Mohammed Rafiuddin Kaleem, learned counsel for the petitioner, and Sri D. Arun Kumar, learned Additional Public Prosecutor appearing for respondent - State.

4.

Learned counsel for the petitioner submitted that the petitioner is innocent of the allegations and that the dispute arises out of family differences between the parties and that the name of the petitioner was not mentioned in the initial report filed by the de‐facto complainant and that the petitioner is willing to cooperate with the investigation. He further submitted that accused Nos.2 and 3 have already been granted anticipatory bail. Therefore, he prayed the Court to grant anticipatory 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, contending that the allegations against the petitioner were severe in nature and that the alleged offence falls under Section 118(2) of BNS, as the injured witnesses sustained grievous injuries. Hence, he prayed the Court dismiss the criminal petition. 6.

Upon considering the rival submissions and perusing the material on record, it is noted that the name of the petitioner was not mentioned in the complaint and that petitioner is the wife of Accused No.1, and no specific allegations have been made against her. In view of these circumstances, this Court deems it fit to grant pre‐arrest bail to the petitioner, subject to compliance with certain conditions:

i.

The petitioner shall surrender before the Station House Officer, Shalibanda Police Station, Hyderabad within two weeks from today, and on such surrender, the said Station House Officer shall release petitioner on bail, on his executing a personal bond for Rs.25,000/- (Rupees Twenty Five Thousand only), 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 Wednesday 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: 04.12.2025 SS

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.15394 of 2025 Date: 04.12.2025 ss