The High Court · 2025

Petition under Section 482 of BNSS., praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to enlarge the Petitioner/A-1 on anticipatory bail in the event of arrest in connection with FlR.No.224 of 2024, on the file of Begum Bazar Police Station Hyderabad. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri BALA MURALI Y, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.'1 and None Appeared for the Respondent No. 2 The Court made the following: ORDER THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.25 of 2O25 ORDER: This Criminal Petition is frled under Sectiotr 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short tsNSS') for grant of pre-arrest bail to the petitioner, who is arrayed as accused No.1 in FIR.No.224 of 2024 before the Begum Bazar Police Station, Hyderabad, for the offences puoishable under Sections 309(6) of Bharatiya Nyaya Sanhitha, 2023 (for short 'BNS1.

2. The brief facts of the case are that on 09.11.2024, the complainant, a cosmetic businessman from Maharajgunj, received a WhatsApp call from an unknown number i.e.,

9885491341. The caller who allegedly is none other than the petitioner, introduced himself as Kishore, ciaimed that Jagdish from Rajasthan had given him the complainalt's number, and requested the complainant to meet him near Gandhi Bhavan, Aadab Hotel, under the pretext of purchasing cosmetic materials. When the complainant arrived at the desigrrated location, Kishore, accompanied by another I I 2 SKS,J Crl-P.No.25 of 2025 individual, introduced themselves as police Oflicers, and took the bike keys of complainant and forcibly transported him to Nampally Court. The complainant was then shifted to a car, where he was threatened, beaten, and robbed of a substantial amount of money. The perpetrators withdrew Rs.8O,0OO/- from the complainant's ATM and stole an additional Rs.20,00O/ - from his Google Pay account, totaling Rs.1,00,00O/-. The complainant was eventually abandoned at Basheerbagh main road and when he confronted Jagdish about the incident, he became uncooperative, suggesting that he may have been involved in the conspiracy. On receipt of the said complaint, the Police registered crime against the petitioner for the aforesaid offence. Aggrieved thereby, this criminal petition is filed.

3. Heard Sri Y.Bala Murli, learned counsel for petitioner, and Sri Syed Yasar Mamoon, learned Additional Public Prosecutor for respondent State. None appeared for respondent No.2. 4- l,earned counsel for the petitioner submitted that as per the averments of complaint Iiled by 2"4 respondent, one a a 3 SI(S,J CrI.P No.25 of 2025 person by name Kishore is accused, with no allegations made against the petitioner, and strongly contended t1le police have intentionally implicated the petitioner in the case, allegedly to harass him. He asserted that that the ingredients of Section 309(6) of BNS do not apply to the petitioner, and that the petitioner denies all allegations made in the remand case diary. He lamented that the implication of petitioner in the case is solely based on the confessional statement of one Prabhat Kumar Das, which is not sustainable in law. He reiterated that the police have falsely implicated the petitioner for statislical purposes, and that the same is abuse of the legal process, violating the fundamental rights of petitioner under Article 21 of the Constitution of India. Therefore, prayed this Court to allow the criminal petition, granting the relief of anticipatory bail to the petitioner.

5. On the other hand, learned Additional Public Prosecutor vehemently opposed the submissions made by learned counsel for petitioner, stating that the allegations leveled against the petitioner are serious in nature which raises concerns regarding the safety and securit5r of individua,ls, particularly in public spaces. He asserted that three other rlrl}! 4 SKS,J Crt.P.No.25 of2025 cases are pending against the petitioner for the offences of similar nature. Therefore, he prayed the Court to dismiss the Criminal Petition.

6. Having regard to the rival submissions made and on going through the material placed on record, it is noted that the primary contention of learned counsel for the petitioner is that the Police has falsely implicated the petitioner in this case and that he is no way concerned to the offence as alleged in view of no averment made against the petitioner in the complaint lodged by respondent No.2, whereas, it is the specific stand of learned Additional Public Prosecutor that the allegations leveled against the petitioner are serious in nature which would raise concerns regarding the safet5r and security of individuals, particularly in public spaces.

7. On perusing the record, it is noticed that three other cases are pending against the petitioner for the offences punishable under Sections 419,42O, 170, 18O of lndian Penal Code, Section 20(21 of Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003, I I I 5 SKS,J Crl.P.No.25 of 2025 and Section 3O9(B) of BNS. That apart, the petitioner being prime accused in the case on hand, this Court is of the opinion that petiLioner is not entitled for the relief of anticipatory bail and theie are no merits in this Criminal Petition.

8. Accordingly, this Criminal Petition is dismissed Miscellaneous applications, if any pending, shall stand closed To, Sd/- P. CH. NAGABHUSHAMBA S ANT REGISTRAR //TRUE COPY// CTION OFFICER

1. The Court of XVll Additional Chief Judicial Magistrate at Nampally, Hyderabad.

2. The Station House Office, Begumbazar Police Station, Hyderabad. 3.TwoCCstothePublicProsecutor,HighCourtfortheStateofTelanganaat Hyderabad [OUT]

4. One CC to SRl. BALA MURALI Y. Advocate [OPUC] 5. Two CD CoPies Pcsd/g h w 7 HIGH COURT DATED:1010112425 ORDER CRLP.No.25 ot 2025 $E SI4 r{: ) ,) \" * 0 B i.;,n lnlq Ir t o€.spATCi\ to DISMISSING THE CRIMINAL PETITION f,' {*ffi