Asif Khan v. The State Of Telangana

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.15958 of 2024 ORDER:

Seeking the Court to enlarge the petitioner who is arrayed as accused No.3 in Crime No.187 of 2024 of Renjal Police Station, Nizamabad District, on bail, the present Criminal Petition is filed.

2.

The brief facts of the case are that the victim was married to one Sajid Khan and later, the said Sajid Khan said triple talak to the victim. On 04.12.2024, when the victim, along with her parents, went to Sajid Khan house for settling the issues, the accused persons besides attacking the victim, also threatened her with dire consequences. Hence, a case was registered vide Crime No.187 of 2024 before the Renjal Police, Nizamabad District, for the offences punishable under Sections 85 and 109 read with 3(5) of the BNS. 3.

Heard Sri K.Venumadhav, learned counsel appearing on behalf of the petitioner as well as Sri Syed Yasar Manoon, learned Additional Public Prosecutor appearing on behalf of the respondent-State.

4.

Learned counsel for the petitioner firstly submitted that the petitioner is no way concerned with the alleged offences.

He secondly submitted that no injury certificate was filed to prove the injuries sustained by the victim. He thirdly submitted that all the material witnesses were examined, and further detention of the petitioner is unnecessary. He fourthly submitted that the petitioner has been in judicial custody since 05.12.2024, causing undue hardship to his family and that the allegations are false and fabricated. He fifthly submitted that the petitioner is resident of Renjal Mandal, Nizamabad District, with movable and immovable properties, and is willing to furnish sureties as directed. He lastly submitted that previously, bail application of the petitioner, vide Crl.M.P.No.139 of 2024, was dismissed by the V Additional Sessions Judge at Bodhan, Nizamabad District, on 12.12.2024, without valid reasons and prayed the Court to grant 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 the investigation is not yet completed, therefore, granting bail to the petitioner, at this stage, does not arise. Hence, he prayed the Court to dismiss the criminal petition.

6.

After considering submissions made by both the parties and reviewing the record, since the petitioner is languishing in jail from 05.12.2024 and material part of the investigation is

completed, this Court deems it fit to grant bail to the petitioner subject to the following conditions: i.

The petitioner shall execute a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each, with two sureties for a like sum each to the satisfaction of the Additional Judicial First Class Magistrate at Bodhan, Nizamabad District.

ii.

The petitioner 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 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 partly allowed. Miscellaneous applications, if any pending, shall stand closed.

_______________ K. SUJANA, J Date: 31.12.2024 gms

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.15958 of 2024 Date: 31.12.2024 gms