Shaik Ghouse v. The State Of Telangana

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.15995 of 2024 ORDER:

Seeking the Court to enlarge the petitioner who is arrayed as accused No.2 in Crime No.389 of 2024 of Habeebnagar Police Station, Hyderabad, on bail, the present Criminal Petition is filed.

2.

The brief facts of the case are that on 21.11.2024, at about 13:30 hours, the accused persons despite attacking the de-facto complainant with knife, also threatened him with dire consequences over family disputes. Hence, a case was registered vide Crime No.389 of 2024 before the Habeebnagar Police, Hyderabad, for the offences punishable under Sections 109 and 351(2) read with 3(5) of the BNS.

3.

Heard Sri Syed Irfan Ahmed, 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 there are no criminal antecedents pending against the petitioner. 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 22.11.2024, causing undue hardship to his family and that the allegations are false and fabricated. He fifthly submitted that the petitioner is resident of New Mallepally, Hyderabad, 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.5408 of 2024, was dismissed by the Additional Sessions Judge for the Trial of Communal Offence cases-Cum-VII Additional Sessions Judge-Cum-XXI Additional Chief Judge at Hyderabad, on 17.12.2024, 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 22.11.2024 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 XVI Additional Chief Metropolitan Magistrate at Hyderabad.

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.15995 of 2024 Date: 31.12.2024 gms