Mohammed @ Ds Altaf Basha 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.16783 of 2025 DATE: 22.12.2025 BETWEEN:

Mohammed @ DS Altaf Basha .....petitioner/accused No.5 And The State of Telangana, Rep. by Public Prosecutor, High Court for the State of Telangana, at Hyderabad.

.....Respondent/complainant

ORDER

This Criminal Petition is filed praying this Court to enlarge the petitioner on bail who is arrayed as accused No.5 in Crime No.826 of 2025 before the Choutuppal Police Station, Rachakonda Commissionerate, registered for the offence punishable under Section 303(2) of BNS.

2.

The brief facts of the case were that on 09.11.2025 at about 18:00 hours, the complainant, Sri Kadaganchi Upendhar, had parked his borewell vehicle bearing No.TS 30 F 1269 in the open space in front of his house at Katrevu village. On 10.11.2025 at about 07:00 hours, he noticed that the battery of the said vehicle was missing. It was further reported that on the same night, batteries from three tractors belonging to residents of Aregudem village, bearing Nos. TS AY 1214, TG 30 A 6381 and TS 05 EM 1017, were also stolen. It was alleged that unknown persons had committed theft of all the said batteries.

3.

Heard Sri Y. Akhil Goud, 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 was arrested and remanded to judicial custody on 27.11.2025 and that the petitioner is innocent of the alleged accusations. He further submitted that the material part of the investigation has been completed. Therefore, he prayed the Court to grant bail to the petitioner by allowing the present 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 stolen property was recovered from the petitioner and that the role attributed to the petitioner shows that he is a receiver of stolen property. He further submitted that the petitioner is a habitual offender and that several criminal cases are pending against him. Therefore, he prayed the Court to dismiss the Criminal Petition.

6.

In the light of the submissions made by both the learned counsel and a perusal of the material available on record, it appears that the petitioner is in jail since 27.11.2025. As seen from the record, the material part of the investigation has been completed. Considering the facts and circumstances of the case and the incarceration period of the petitioner, 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 learned Additional Judicial Magistrate of First Class, Choutuppal, Yadadri 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 allowed. Miscellaneous applications, if any pending, shall stand closed.

_______________ K. SUJANA, J Date: 22.12.2025 SAI

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.16783 of 2025 Date: 22.12.2025 SAI