✦ High Court of India · 20 Jun 2025

The High Court · 2025

Case Details High Court of India · 20 Jun 2025
Court
High Court of India
Decided
20 Jun 2025
Length
1,987 words

This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri S SYAMSUNDER RAo,Advocate for the Petitioner and the Additional Public Prosecutor (TG) on behalf of the Sole Respondent . :'t"+ffiFq!7 ,E; / Crl.P.No.6791 of 2025 Between: Mohd Feroz @ Alroz s/o Mohd Shareef aged 21 years occ Auto Driver r/o H. No. 8-3-228167 B I 1 638, Sriramnagar, yousufg uda, Hyderabad. ...PETITIONER/ACCUSED No.4 AND The State of Telangana, Represented by its Station House Officer, Allapur Police Station, Medchal-Malkajgiri District ...RESPONDENT/COMPLAINANT Petition under Section 480 and 483 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/Accused No.4 on bail in connection with in Crime No.183 of 2025, before the Allapur Police Station' Cyberabad Commissionerate. This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri S SYAMSUNDER RAO,Advocate for the Petitioner and the Additional Public Prosecutor (TG) on behalf of the Sole Respondent . Crl.P.No.7118 of 2025 Between: Syed Abdul Rizwan, s/o Syed Abdul Rafeeq, age 19 years, occ: Student r/o H.No- rc2lfype N.R.R Pram site lll Borabanda, Hyderabad ...PETITIONER/ACCUSED No.5 AND The State of Telangana, Represented by its Public Prosecutor, High Cou( of Judicature at Hyderabad. ...RESPONDENT/COMPLAINANT Petition under Section 480 and 483 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/Accused No.5 on bail in co-nnection with in Crime No. 183 of 2025,4ated.18.4'2aSG on the file of the Allapur Police Station, Cyberabad Commissionerate. This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri SRIDHAR JAKKULA, Advocate for the Petitioner and the Additional Public Prosecutor (TG) on behalf of the Sole Respondent . Crl.P.No.7125 ol 2025 Between: Syed Abdul Rehan, s/o Syed Abdul Rafeeq, age 22 years, occ r/o H.No. 192 lType N.R.R Pram site lll Borabanda, Hyderabad Student ...PETITIONER/ACC QSED No.2 AND The State of Telangana, Represented by its High Court of Judicature at Hyderabad ...RESPON DENT/COMPLAINANT Petition under Section 480 and 483 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/Accused No.2 on bail in connection with in Crime No. 183 OF 2025, on the file of the Allapur Police Station, Cyberabad Commissionerate. Thas Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri NARSIMULU NEEll,Advocate for the Petitioner and the Additional Public Prosecutor (TG) on behalf of the Sole Respondent . The Court mdde the following: COMMON OROER / THI] HONOURABLE SRI JUSTICE J. SREENIVAS R,,{O CRIMINAL PETITION Nos. 6790, 6791,71L8, and 7125 of 2025 COMMON ORDtrR: These' (lriminal Petitions are fiied under Scctions 480 & 483 of the Bhalatil.a Nagarik Suraksha Sanl.ritha, 2023 (fbr short 'BNSS') sceking bail to the petitioners/accused Nos. 1,2,4 and 5 in Crime No. 183 of 202-5 on the file of Allapur Police Station, Cyberabad registered for the offences punishable under Sections 64 (m),49,351 (3), \21 (2), l5 (2) read witb r/w 3(5) oiBharatiya Nyaya Sanhitha, 2023 (lor short 'BNS') whelein the petitioners are allayed as A- i, A-2, A-4 and A-5 )-. Since a.l[ thcse climinal petitions are arising out ol the same crirne, tl'ris Court is disposing of all tl're criminal pctitions by way ol a common orcler

3. The case ol the prosecution is that the minor accused (CCL) became acqr-rainted with the victim in February 2025 through Instagram and Snapchat under the ID "brand stalo." They began regularly lnessaging each other, and on 12.04.2025, CCL called the victim to meet him at Borabanda Railway Station. Without informing her larnily, 2 the victim went to the station, wherc CCL and A6 were already present on A6's scooty. To avoid public attention, they took the victim to an OYO hotel in Madhapur,, where ,{6 booked a room using someone else's Aadhaar card. Inside the room, CCL aJlegedly induced the victim with false promises of love and marriage and raped her twice, rvith 46 lacilitating the offence by arranging the room. l,ater that night, around I l:50 PM, the victim was dropped at Borabanda bus stand' Whiie she was walking towards Allapur, Al and A8 intercepted her on a Bullet bike, forcibly restrained her. and took her to another OYO hotel at Madhapur. There, they atlegedty used her Aadhaar card, and Al raped her after threatening her with death. After Al left, A7 and A8 picked her up under the pretext of dropping her honre but instcad groped her and took her to an isolated graveyard in Yousufnagar' There' they handed her over to ,A.2 and .A5. On l4O4'2O25, A'2 and .A5 conhned and threatened the victim. Later, 43, 44, and 49 joined them, and they collectively took the victim to another oYo hotet ir.r Parvathnagar. Aftermakinghersmokeganjatoinduceasemi-intoxicatedstate.A3 raped her, followed by A2, ,A.5, and A4' A9 did not assault her physicalty bui supported the others in the cornmission of the offence' .//' They atl threatened to kill her and her family if she disclosed the incident and spent the night in the hotel. On 15.04.2025, the accused saiv the viclinr lvalking near SD Function I-lall, for.cibly took hcr in an auto back to tlte same graveyard, and confine.d her again. That evcning, they took her to the same OYO hotel, booked a room. and ,A2 and ,{4 again lal;ed her. lhe group continued to threaten her with a knife to keep her silent. On 16.04.2025 and again on 17.04.2025, the vicrim was kept confined in tlre graveyard room. On the night of 17.04.2025,. CCt_ allegedly beat the victim while,shc cried, after which the other accused fled. Evcntualty, Zoheb rescued the victim from the spot. Basing on the same, Crirne No. I 83 of 2025 was registered.

4. eard N4r.S. Syan-rsundcr Rao, learned counsel lor petitioners in Crl.I'}.Nos.6790 of 2025 and. 6791 of 2025, Mr. Saifullah, learned c.unsel rep'esenting Mr. J. Sridhar, learned counsel tbr the petitioner. in Crl.P.No.'7I 1 8 o12025, Mr.Narsimulu Neeli, learned counsel for the petitior.rer in Crl.P.No.7l25 of 2025 and Mr.Syed yasar Mamoon, Ieamed Additional Public Prosecutor for the respondent-State.

5. Learned counsel for the petitioners submitted thal the petitioners have not committed the offence and they were lalselv 4 implicated in the above crime' Even according to the allegations made in the complaint or in the Remand Case Diary the entire allegations leveled against the A-10 who is a minor' Even according to the statement of the victim, victim and A- 10 are known each otlier and felt into love. Even according to the allegations made in the Remand Case Diary in respect of the offence under Section 64 (ni) of the Act, the ingredients attract only against A- 10 The only allegation against the other accused arc that they have provided Aadhar Cards to facilitate the A-10 to provide a room in OYO Ilotel' The main accused who was arrested was already enlarged on bail in Crl.M.P.No.42 of 2025 on29'05'2021 The petitioners were atrested on 13.05.2025 ,28.04.2025,20'04'2025 and since then they were in judicial custody. The entire investigation is completed except filing of the charge sheet. The petitioners are not havir-rg any critninal antecedents.Learnedcounselforthepetitionet.sfurthersubmitstl-rat the petitioners shall abide by the conditions' which are going to be imposed by this Courl, and they are ready to cooperate with the investigation. Hence, the petitioners may be enlarged on bail' 'l t i I : I I I I i i i I i I l i 5

6. Per contra, leamed Additional public prosecutor submitted that peritioners have committed grave offence. All the petitioners/accused except A-9 have committed rape against the victim girl. There are specific allegations levelled in the complaint against the petitioners and also in the statement of the victim girl she specificalll, stated the role of each of the petitioner/accused. He lurthe' subnritted that there are serious allegations against the petitioners and investigation is under progress. The learned Magistrate glanted bail in favour of A-10 only on the ground that he is a juve'rile. I'aking into consideration the above said grounds, the petitioners ale nor entitled for grant of bail. At this stage, if the petitioners are granted bail, they will interfere with the investigatio, and influcnce the witnesses. Hence, prayed to dismiss these petitions. 7 . Having considered the rival submissions made by the respect.ivc prarties and after perusal of the material available on record, it reveals that there are serious allegations leveled against the petitioners that they have committed rape against the victim girl. In the Rernand C*e Diary, the investigation officer specifically mentioned the role of each of the petitioners/accused Nos.1,2,4 and 5 I 6 t that they have committed rape on the victini. The record further reveals that petitioners,/A-2, A-5 and A-9 have approached tliis Cour1, filed Cr1.P.No.6628 of 2025 seeking for grant of bail and the learned counsel for the petitioners therein aftel arguing the matter for some time sought permission of this Court to v.,ithdraw the criminal petition. Accordingly, Criminal Petition No.6628 of 2025 is dismissed on 11.06.2025. The petitioners have filed the present criminal petitions seeking for grant of bail on the very same grounds, which are pleaded in the earlier bail applications.

8. Insofar as the contention of the leanied counsel for the petitioners that accused No.10 was enlarged on bail and the petitioners ale also entitled for grant of bail is concenred, accused No.l0 is only a juvenile. Taking into consideration the provisions of the Juvenile Justice Act, he was granted bail and therefore, on the said ground, the petitioners are not entitled for grant of bail, especially when the investigation is under progress and the charge sheet has not been filed. 7

9. Taking into consideration the facts and circumstances of the case as well as the gravity of the offence, this Court is not inclined to grant bail to the petitioners. I I l I0. Accordingly, these Criminal petitions are dismissed. Miscellaneous applications, pending if any, shall stand closed. //TRUE COPY// ITALLIKARJUNA RAO ftrerur REGIsTRAR SECTION OFFICER To,

1. The I Additional Junioor Civil Judge -cum- Xll Additional Metropolitan Magistrate, Medchal, Malkajgiri district at Kukatpally.

2. The Station House Officer, Allapur Police Station, Medchal-Malkajgiri District 3. One CC to SRI S SYAMSUNDER RAO Advocate [OPUC] 4. One CC to SRI SRIDHAR JAKKULA, Advocate [OPUC] 5. One CC to SRI NARSIMULU NEELI, Advocate [OPUC] 6. Two CCs to ADDITIONAL PUBLIC PROSECUTOR, High Court for the State of Telangana. at Hyderabad. [OUT]

7. Two CD Copies TUgh w I I I I I I I I I I I i I i I I i I I t i I I i I I I I I I i i I i i I l HIGH COURT DATED:2010612025 I COMMON ORDER EE tliT ?fi25 ..i, CRLP.Nos.6790, 6791, 7118,7125 ol 2025 --....:.:-,-''<:- DISMISSING THE CRIMINAL PETITIONS \o Yk--.o -^a\ *

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