13257 ¹

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

WEDNESDAY, THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE SMT JUSTICE JUWADI SRIDEVI

CRIMINAL PETITION NO: 9730 AN o 97340F 2024

CRIMINAL PETITION NO: 9730 OF 2Q24:

Between:

• l.GhouseKhan,S/o.HyderKhan,Age.3TYrs,OccDriver,R/oNearHanuman Mandir, Auto Nagar, Basavakalyan, Bidar.
• 2. Ansar Pathan, S/o.lman Sab, Age'30Yrs, occ.Mestri Work, R/o.Plot No.306, Asrakoni, Basavakalyan,Bidar, Karnataka State'
• 3. IVlohd. Jahang ir, S/o.lvlohd.lr/lahboob, Age 32yr,. Occ Auto Driver' - nlo.H.No.rueir'Water Tank,Asrakoni Basava Kalyan,Karnataka'

...Petitioner/Accused No'3,4 & 5

AND

The State of Telangana, through S.H.O, Bhavani Nagar Police Station' Hyoeiio'io, Rep b/its, PublicFrosecutor, High court, Hyderabad'

... Res ponde nUCom Pla inant

Petition under Section 480 & 483 of BNSS praying that in the circumstances stated in the lVlemorandum of Grounds of criminal Petition, the High court may be pieased to enlarge the petitioners herein on bail in connection with FIR No.91 of 2024 on the file of Bhavani Nagar Police Station, Hyderabad'

CRIMINAL PETITIONNO 9734 OF 2024 ^|

Between:

• '1 . Mohd.llahi, S/o.Patrusab,Age 32 - Yrs,Occ Welding Works' nlo.H.f.fo pf ot.444,Asrakoni, BasarTa kalyan, Bidar, Karnataka State-
• 2.RaziaSultana,Wo.Feroz,Shareef,Age30Yrs,OccHousewife'R/oHNo'3- 129-l, Barkas, Salala, HYderabad.

...Petitioner/Accused No'1 & 2'

AND

The State of Telangana, through S H.O, Bhavani Nagar Police Station' Hva"rioro, n.p.of its, Public"Prosecutor, High Court, Hyderabad'

...ResPondenUComPlainant

' Petition under Section 480 & 483 of BNSS praying that in the circumstances stated in the l,4emorandum of Grounds of Criminal petition, the High Court may be pleased to enlarge the Petitioner No.1 & 2 herein on bail in connection with FIR No.91 of 2024 on the file of Bhavanr Nagar Police Station, Hyderabad

These Petitions coming on for hearing, upon perusing the l,4emorandum of Grounds of criminal Petition and upon hearing the arguments of Sri lvtudumba Laxmi, Advocate for the Petitioners and Sri [r/.Ramachandra Reddy, Additional Public Prosecutor on behalf of the Respondent. (in both cases)

The Court made the following: COMMON ORDER

v

HON'BLE SMT. JUSTICE JUWADI SRIDEVI

CRIMINAL PETITION Nos.9730 and9734 of2024 COMMON ORDER:

Since both the Criminal Petitions are arising out of Crime No.9l of 2024, both the criminal petitions are heard together and disposed of by this common order.

2. Petitioners/accused Nos.l to 5 have filed these petitions under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short 'BNSS') seeking bail in Cr.No.9l of 2024 of P.S. Bhavani Nagar, registered for the offences under Sections 302 and 201rlw.34 of IPC.

3. Heard Ms. Mudumba Laxmi, learned counsel for petitioners and Sri M.Ramachandra Reddy, learned Additional Public Prosecutor appearing for the State and perused the record.

j

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t i 4. Case of the prosecution is that the de facto complainant and the accused are the family members, accused No.l is eking livelihood by working at Welding shop at Basavakalyan' Few days before the alleged incident, accused No.2 informed accused No.l that the deceased was harassing her to satisff his sexual

Is,, Crl.P.Nos.9730 and 973+ of2OZ4

desires, u,ho stays along with them, since her marriage was performed. Accused No.2 and deceased had extra marital relationship and he insisted accused No.2 to leave her husband and to marry him. He informed the same to accused No.l. Accused No.1 disclosed the same to petitioners /accused Nos.3 to 5 and they decided to eliminate the deceased and as per their plan they killed the deceased with rope at Talabkatta.

5. Learned counsel for petitioners submits that the petitioners /accused Nos.l to 5 are innocent and have been falsely implicated in the case. He further submits that rnost of the investigation in the case is completed, except filing of charge sheet and the petitioners/accused Nos.l to 5 are in judicial custody since 27.06.2024, and hence, prayed to grant bail.

6. The learned Additional public prosecutor, opposed the application stating that specific allegations are levelled against the petitioners/accused Nos. 1 to 5. He further submits that investigation in the case is in the progress and charge sheet is yet to be filed, and if the petitioners/accused Nos.l to 5 released on

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bail at this stage, they may tamper with the evidence and threaten the witnesses, and hence, prayed to dismiss the petition.

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7. Having heard both sides and perused the material on record, it is apparent that serious allegations are levelled against the petitioners/accused Nos.1 to 5. In view of the same and since the investigation is in progress and charge sheet is yet to be filed, this Court is of the considered view that the petitioners/accused Nos.3 to 5 cannot be granted bail at this stage.

8 Accordingly, these petitions are dismissed. sd/_ T. JA'ASREE ASSISTANT EGISTRAR

//TRUE COPY//

SECTION OFFICER

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Crl.P.Nos.9730 and 973+ otZO24

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. ,n. Vlll Additional chief Metropolitan lr/lagistrate at Nampally.

2 The Station uou'" o#i""t'"ri;;;;iN'sI Polic-e Station' Hvderabad 3. Two CCs to the prbt;';;;;;ior, Higr; court for the state of Telangana at

Hvderabad [OUT]

. lj'": #i; 's-'i rtllo"o' Laxmi' Advocate [oPUCl

5. Two CD CoPies

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HIGH COURT

DATED:28/08/2024

COMMON ORDER

CRLP.No.9730 AND 9734 OF 2024

DISMISSING BOTH THE CRLPs

$65$ <br> $\frac{65}{21}$