Mohammad Afroz v. The State Of Telangana Through S.H.O., P.S. Moinabad,
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT
HYDERABAD THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.15933 of 2025 DATE: 10.12.2025 Between:
Mohammad Afroz .... Petitioner/accused No.2 AND The State of Telangana, Through SHO, P.S. Moinabad, Cyberabad Commissionerate, Ranga Reddy District, Rep. by its Public Prosecutor, High Court at Hyderabad.
.... Respondent 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.2 in Crime No.477 of 2025 of Moinabad Police Station, Cyberabad Commissionerate, Ranga Reddy District,
registered for the offences punishable under Sections 109 r/w 3(5) of the BNS.
2.
The brief facts of the case are that, on 06.08.2025, the de-facto complainant, who is the brother of the injured witness, lodged a report before the police stating that his brother made a phone call to him and stated that accused No.1 and his son accused No.2 are beating him with a knife and he immediately went there and observed that his brother sustained grievous injuries and his sister-in-law also sustained injuries and the reason for the dispute is that his brother was grazing his Buffalos in the open plot of accused No.1. Hence, he requested for necessary action. Basing on the said complaint, the police registered a case for the above said offences.
3.
Heard Sri K. Venumadhav, 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 is son of the accused No.1 and though there is no specific role against the petitioner, he is falsely implicated in this case and on the date of the incident, the petitioner is minor and it is not considered by the concerned authority and there is no such overt acts mentioned against the petitioner and the entire investigation was already completed and the charge sheet is also filed, therefore, no such custodial of the petitioner is required and 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 learned counsel for petitioner, on the ground that, the allegations against the petitioner are serious in nature and it is an attempt to murder and there is a specific overt act as stated by the de-facto complainant that both the accused attacked his brother with knife, therefore, he is not entitled for the anticipatory bail 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, the petitioner is arrayed as accused No.2, who is the son of accused No.1 and the petitioner herein gave knife to the accused No.1 and the petitioner and accused No.1 beat LWs 2 and 3, who are husband and wife, whereas, the 10th class certificate of the petitioner herein shows that, on the date of incident, he was 17 years old and he passed 10th class in the year 2023 and the entire investigation was already completed and the charge sheet is also filed. Considering the facts and circumstances of the case and also the age of the petitioner, this Court deems it fit to grant pre-arrest bail to the petitioner/accused No.2, subject to the following conditions: i.
The petitioner/accused No.2 shall surrender before the Station House Officer, Moinabad Police Station, Cyberabad Commissionerate, Ranga Reddy District, 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/accused No.2 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 and also for the medical test.
iii.
The petitioner/accused No.2 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: 10.12.2025 TU
THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.15933 of 2025 Date: 10.12.2025 TU