The High Court · 2025

Petition under Section 480 & 483 of BNSS praying that in the circumstances stated in the Mernorandum of Grounds of criminal Petition, the High court may be pleased to grant regular bail to the Petitioner in the FIR No, 680 of 2024 Police Station Secundrabad., U/s 103(1) R/w 49,61(2) BNS in the court of the xl Additional chief Metropolitan Magistrate Secunderabad against the petitioner. cRlMINAL PETITION NO: 3389 OF 2025 Between: Abdul Mateen, S/o Abdul Azeez, Age. 25 years, Occ: Auto rickshaw driver' Rl/o Ranga Nagar, Bholak Pur, Musheerabad, Hyderabad. ...Petitioner/Accused No.2 AND The State of telangana, rep by its public prosecutor high court telangana at Hyderabad. ...RespondenUOe-facto Complainant Petition under Section 480 & 483 of BNSS praying thzrt in the circumstances stated in the Memorandum of Grounds of Criminal petition, the High Court may be pleased to grant Regular Bail to the Petitioner in the FIR No. 680 of 2024 police Station. Secundrabad., U/s 103(1) R/w 49,61(2) BNS in the court of the Xl Additional Chief Metropolitan Magistrate Secunderabad Against the petitioner. CRIMINAL PETTTION NO: 3390 OF 2025 Between: Shaik Abu Bakar Siddique, S/o Shaik Jaani, Age. 29 years, Occ. Flexi worker, No 1177 Block, Flat No 6, lndira Nagar Complex-, Balapirr. AND The State of telangana, rep by it's public prosecutor highmurt telangana at Hyderabad. ...Petitioner/Accused No.4 ...RespondenUDe-facto Complainant Petition under section 480 & 483 of BNSS praying that in the circumstances Stated qt the Memorandum of Grounds of Criminal petitloq, the Fligh CAtlrt may be pleased to grant Regular Bail to the petitioner in the FIR No. 690 of iOZq pohce station. secundrabad., U/s (1) R/w 49,61 (2) BNS in the court of the Xl Additional Chief Mekopolitan Magistrate Secunderabad. Against the petitioner. These Petitions coming on for hearing, upon perusinr3 the Memorandum of Grounds of Criminal Petitions and upon hearing the arguments of Sri MD Fasiuddin, Advocate for the Petitioners in all CRLps and Sri Syed.yasar Mamoon, Additional Public Prosecutor for the Respondents in all CRLF,s. The Court made the foltowing: COMMON ORDER THE HONONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION Nos.2957 3389 and 3390 of2025' COMMONOR.DER: Since these criminal petitions are arising out of Crime No.680 of 2024, these criminal petitions are heard together and disposed of by this common order.

2. These Criminal Petitions are filed under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short 'BNSS') seeking bail to the petitioners/arcused Nos.l, 2 and 4 il Crime No.680 of 2024 on the file of P.S.Bowenpally, Hyderabad, registered for the offences punishable under Section 103(l) r/w 49 and 61(2) of Bharatiya Nyaya Sanhitha, 2023 (forshort'BNS')

3. The case of the prosecution is that on 22.12.2024, at 0l:30 hours, Mohammed Nascor, lodged a complaint stating that about one year back, in 2023, his son Sameer accompanied Afroz for fabrication work at a shed owned by Mohd Shabbir in Manasa Sarovar Heights. During this time, Sameer becarne acquainted with Shabbir's daughter, Ms.Ferdos Sadaf, and they eventually fell in love. [n ttra g1onth of Ramzan, in 2023, their relationship was 2 exposed to Ferdos's brother and her brother along with his friends beat Sameer and wamed him to stay away from his sister. A case regarding this incident was registered at Alwal police station. Subsequently, Ferdos Sadaf s family relocated from Manasa Sarovar Heights to Nacharam. In January 2024, Sameer and Ferdos Sadaf left their respective homes and got married on31.01.2024. Complainant reported at Bowenpally P.S., that hi; son Sameer,s missing, while Ferdos's family reported at Nacharanr p.S. that their daughter missing. A meeting was later held in the prosence of elders at Nacharam P.S., where Na5eer requested th,: ssupls 161 !s separated as they got married. Mohd Shabbir, however, persuaded them to allow Ferdos to retum home temporarily, citing his wite's illness and promisir'rg to celebrate the couple's marriage according to Muslim rites, after a month. Ferdos was taken back to her house, but a few days later, when Sameer contacted Shabbir to inquire about Ferdos, Shabbir refused to send her back. Instr:ad, he offered 'Khula' and prossured Sameer to declare Talaq, thre,atening to kill him iF he refused. Shabbir's son, Mohd Omer, also repeatedty threatened Sameer to stay away from Ferdos. Despit,: these threats, 3 Sameer continued to insist on being with Ferdos, which led Shabbir and Omer to harbor a grudge against him' Believing that Sameer would not give up on Ferdos, Shabbir and Omer planned to eliminate and get rid of him. As part of their plan, on 2l'12'2024 night, at around 23:20 hours, while Sameer was talking to his friends, three individuals arrived on a two-wheeler and stabbed him before fleeing. His friends immediately infomred Naseer, who found Sameer tying in a pool of blood at that place' He was rushed to Gandhi Hospital for treatment, where the doctor declared him dead at 00:26 hours on 22.12.2024- Shabbir, Omer, and their accomplices aftacked Sameer because he refused to end his relationship with Fendos. Basing on the same a case was registered in Crime No.680 of 2024.

4. Heard Mr.Mohd.Fasiuddin, leamed counsel for the petitioner and Mr.Syed Yasar Mamoon, leamed Additionat Public Prosecutor appearing for respondent-State. 5 I-eamed counsel for the petitioners submifted that petitioners have not committed atleged offence and they were falsely implicated in the above crime and initialty petitroner 4 Crl.P.No.2957 of 2024 was made as accused No.6 and subsequently he was arrayed as accused-No. l. He lurther submitted that investigating officers have not examined iury independent witness and though the aileged incident has occurred on

21.12.2024, thecomplaint was lodged on22.\2.ZOZ4 i.e., with a delhy of one day. He furthor submitted that {he porice have not followed the mandatory provisions under Section 35(3) of BNSS (Previously Section 4l-A of Cr.p.C.). He firrther submitted that petitioners were arrested on 23.12.2024 and since then they were in judiciat custody. He further submitted that insofar as accused No.6 is concerned, the Special Judge for Trial of Offences under SCs' and STs' (pOA) Acrcum_Vl Additionat Metropolitan Sessions Judge, Secunderabad has granted bail anci the petitioners are aJso entitled tor bail. He further submitted that the police have not presented the CC footage and the entire investigation is completed. Hence, prayed flor grant ofbail.

6. Per contra, learned Additional public prose<:utor submitted that serious allegations arc leveled against the petitioners and the deceased sustained 35 injuries and died and investigation is under { , 5 progrcss and therefore, granting bail to the petitioners' at this stage' does not aiise. Hence, he prayed the Court to dismiss the criminal petitions.

7. Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that the deceased sustained 35 injuries and died and serious allegations are leveled against the petitioners and investigation is under progress. Insofar as the contention of the learned counsel for the petitioner is concemed, that the Police have not followed the mandatory provisions under Section 35(3) of BNSS (Previously Section 41-A of Cr'P'C'), it is not applicable to the present facts and circumstances of the case, as the punishment prescribed under Section 103(1) of BNS is more than seven (07) years.

8. Taking into consideration of the facts and circumstances of the case and the gravity and seriousness of the offence, this Court is of the considered view that it is not a fit case for grant of bail to the petitioners/accused Nos' 1, 2 and 4' 6 9 . Accordingly, the Criminal Petitions are disrnissed. As a sequel thereto, miscellaneous applic:ations, if any, pending in this petitions stand closed. //TRUE COPY/' I SD/. L. LAKSHMI BABU *GrsrRAR \']('] I \="r,oru oFFrcER V -/ To, I i

1. The Xl Additional Chief Metropolitan Magistrate at Securrderabad 2- The station House Officer, Borivenpally p--olice Station, Hyderabad 3 Two ccs to the pubric prosecutor, H(]h court for the St.ite of rerangana at 4. One CC to SRI MD FASIUDD|N, Advocate tOpUCI 5. Two CD Copies Hyderabad (OUT) ADK/gh ?t- HIGH COURT DATED:1310312025 -tHE S14 R C( re. o. 26JUr{ m !4,( z o O // COMMON ORDER CRLP.Nos .2957,3389 and 3390 of 2025 DISMISSING THE CRLPs t+ (

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