Mohammed Sohail, 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.15744 of 2025 DATE: 08.12.2025 Between:
Mohammed Sohail and others .... Petitioners/accused Nos.1 to 6 AND The State of Telangana, Rep. by the Public Prosecutor, High Court for the State of Telangana, at Hyderabad and another.
.... Respondents/Complainants 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 petitioners, who are arrayed as accused Nos.1 to 6 in Crime No.239 of 2025 of Makloor Police Station, Nizamabad District, registered for the offences
punishable under Sections 318(4), 111 of the BNS, Section 7 of the ECA and Section 17(e) of the Civil Supplies of Telangana State Public Distribution.
2.
The brief facts of the case are that, on 17.10.2025, the de-facto complainant lodged a report before the police stating that he conducted panchanama and pursued the PDS rice lodged in Vaibhav Venkateshwara Rice Mill, wherein he found that the petitioners purchased 127.30 quintals of PDS rice and later, the said rice in 203 bags were shifted to Raja Rajeshwarai Swamy Rice Mill and the PDS rice was filled in the tiny plastic bags. Hence, he requested for necessary action. Basing on the said complaint, the police registered a case for the above said offences.
3.
Heard Sri G. Raghu, learned counsel appearing on behalf of the petitioners as well as Sri D. Arun Kumar, learned Additional Public Prosecutor appearing on behalf of the respondents.
4.
Learned counsel for the petitioners submitted that none of the above said sections are applicable in the present case
and the petitioners are innocent of the said allegations and previously, though there is a case registered against the petitioner/accused No.1 vide Crime No.223 of 2024 and the same was quashed by this Court, as such, Section 111 of the BNS is not applicable and prayed the Court to grant prearrest bail to the petitioners by allowing this criminal petition. 5.
On the other hand, learned Additional Public Prosecutor opposed the submissions made by learned counsel for petitioners stating that petitioner/accused No.1 is the habitual offender and he is also involved in two other crimes i.e. Crime No.223 of 2024 and Crime No.540 of 2025 and prayed the Court to dismiss the Criminal Petition. 6.
In the light of the submissions made by both the learned counsel and on a perusal of the material available on record, it appears that there are two earlier cases also registered against the petitioner/accused No.1 and though the Crime No.223 of 2024 is quashed, there is no information with regard to the Crime No.540 of 2025. Considering the facts and circumstances of the case, this Court deems it fit to
grant pre-arrest bail to the petitioners/accused Nos.2 to 6, subject to the following conditions:
i.
The petitioners/accused Nos.2 to 6 shall surrender before the Station House Officer, Makloor Police Station, Nizamabad District, within two weeks from today, and on such surrender, the said Station House Officer shall release them on bail on executing a personal bond for Rs.25,000/- each, with two sureties, for the like sum each.
ii.
The petitioners/accused Nos.2 to 6 shall abide by the other conditions stipulated in Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, and co-operate with the Investigating Officer in investigating the case.
iii.
The petitioners/accused Nos.2 to 6 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 partly allowed and this Criminal Petition is dismissed against accused No.1. Miscellaneous applications, if any pending, shall stand closed.
_______________ K. SUJANA, J Date: 08.12.2025 TU
THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.15744 of 2025 Date: 08.12.2025 TU