The High Court · 2025

Petition under Section 480 & 483 BNSS praying that 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. THE HON'BLE Xl Additional Chief Metropolitan Magistrate Secunderabad Against the petitioner This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri MD FASIUDDIN ,Advocate for the Petitioner and the SRI SYED YASAR MAMOON Additional Public Prosecutor on behalf of the Sole Respondent. The Court made the following: ORDER TITE ITON'BLE SRI JI.ISTTCE J.SREENTVASRAO CRIMINAL PETITTON No.3649of 2025, ORDER: This Criminal petition petitioner, in Crime who is arrayed frled under Sections 48O and 483 of the Bharatiya Nagarik Suraksha Sarnhita, 2023 (for shorr, .BNSS) by the accused No.3, seeking bail Bowenpally police Station, offence punishable under Section 49, 6l(21 of Bharatiya Nyaya Sanhita (BNS). 2. Heard Mr.Mohd. Fasiuddin, learned counsel for the petitioner and Mr.Syed yasar Moon, learned Additional public prosecutor appearing for rr:spondent_ AS No.68O of 2C24 of regrstc:red for the I 03( 1) read with Hyderabad, Sections State. 1n complainant_Moharnmed The case of prosecution

3.1 brief i,.r that on 22.12.2024 at abour O l.3O hours, the d.efacto Naseer gave a report to the police stating that he is eking out his livelihood by driving an auto-rickshaw. His third son by narne Mohci . Sameer worked as a fabrication labour with Sk. Afroz. About one year back, 1n 2023, a couple of months befon: Ramzan 2 festival, Sameer accompanied Afroz for fabrication work at a shed owned by one Mohd. Shabbir Ahrned in Manasa Sarovar Heights. During that time, Sarneer got acquainted with his daughter by narne Ms. Ferdos Sadaf and they eventually feIl in love.

3.2 In the rnonth of Ramzan in the year 2023, tt:^eit relationship was exposed to Ferdos brother, Mohd. Orner, over which Orner along w'ith his friends beat Sarneer and warned hirn to stay away frorn his sister. A case regarding this incident was registered at Alwal police station. Subsequently, Ferdos Sadaf family relocated frorn Malasa Sarovar Heights to Nachararn. In Janr..ar5r, 2024, Sameer and Ferdos left their respective houses and got rnarried on 3LO1.2O24. Tkrc de facto cornplainant reported his son rnissing at the Bowenpally police station. While Ferdos farnily reported about rnissing of his damghter at Nachararn police station. It is further case of prosecution that a meeting 3.3 was held in the presence of elders at Nachararn police station, where Naseer reqr..rested that the couple not be separated., as ttrey got married and Mohd. Shabbir Atrmed \\ \ \ ( 3 persuaded thern to allow Ferdos to return horne ternporarily, citing his wife's illness and prornised to perforrn their rnarriage, as per Mr-rslirn rites artd custorns. Subsequently, Mohd. Shabbir Ahrned refused to send Ferdos, when Sameer contacted hirn, instea<l he offered 'Khr.la' and pressurized Sarneer to declare, 'THALAQ', otherwise he will kill hirn and Mohd. Shabbir Ahrned ald his son deveioped grudge against the son of the de facto complainant and they hatched a plan to get rid of Sarneer.

3.4 As part of their plan, on the night of 21.12.2024, at around 23.2O hours, while Sjarneer was talking with his friends narnely Babh-r and Gh<>use behind Ali Cornplex near their house, three persons zrrrived on a rnotorbike and stabbed Sarneer before fleeing. Jrnrnediately his friends inforrned about the incident to the de facto complainant and irnrnediately they taken the deceased to the Gandhi hospital where the duty doctors declared that Sarneer was died at OO.26 hours on 22.12.2022'.

4. Learned counsel for the petitioner sutrmitted that the petitioner is innocent person and he did not cornrnit the alleged offence and he was falseiy irnpliczrted in this 4 case. He further subrnitted that the ingredients of a Sections 103(1) read with Section 49, 6l(2) of BNS are not attracted to the facts and circumstances of the case. The petitioner is not present at the scene of offence and the police have not presented the CC TV footage. There are no specific a-llegations against the petitioner and entire investigation is cornpleted except hling of charge sheet. The petitioner was arrested on 24.12.2024 and since then he is in judicial custody. The petitioner is ready and wiiling to cooperate with the investigation pending, if any, and also abide by the conditions, which are going to be irnposed by this Court. Therefore, he prayed to release the petitioner on bail.

5. Per contra, Iearned Additional Public Prosecutor appearing on behalf of respondent opposed the bail petition and submitted that the petitioner has committed grave offence and there are speciirc allegations against him to attract the offence under Section 103(1) read witL. 49,61(2) of BNS. Moreover, the investigation is not yet completed. He further submitted that this Court dismissed the bail applications filed by accused Nos. 1, 2 and 4 i.e., Criminal Petition Nos.2957, 3389 and 3390 of 2O25, uide order dated 13.03.2025 and the very same allegations are levelled \ \ \ \ -7 ) against the petitioner. Therefore, the petitioner is nct entitled for grant of bail.

6. Having considered the rival subrnissions rnade by the respective parties and after pemsal of the rnaterial available on record, it reveals that the deceased sustained inj uries and died and serious allegations ere levelled against the petitioner and other accused. Moreover, the investigation is not yet completed. Insol'ar as the contention of the learned counsel for the petitioner is concerned, the Police trave not followed the rnandatory provisions under Section 35(3) of BNSS, it is not applicable to the facts ald circu.rnstances of the case, as the punishrnent prescribed under Section 103( l) of BNS is rnore than seven years. Hence this Court is rrot inclined to grant bail to the petitioner at this stage.

7. Accordingly, the Criminal Petition is dismissed. As a sequal thereto, rniscellaneous applications, if any, pending in this petition stand closed. //TRUE COPY// Sd/-MOHD. ISMAIL DEPUTY REGISTRAR SECTION OFFICER To,

1. The Xl Additional Chief Metropolitan Magistrate Secu The Station House Officer, Bowenpally Police Station B 2 One CC to SRI MD FASIUDDIN Advocate [OPUC] a iwb-Cci to the PUBLIc PRoSECUToR, High court for the State of Telangana, at HYderabad [OUT] 4 nderabad owenpally HYderabad VM/kam&

5. Two CD Copies HIGH COURT DATED:2410312O25 ORDER GRLP.No.3649 of 2025 ct 3 "ti]€ g la, '( Q^ 10 JUil 2m o n\- NAT(: t.icr\ 1 f, ) * DISMISSING THE CRIMINAL PETITION