ORDER

This Criminal Petition is filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’) by the petitioner, who is arrayed as accused No.3, seeking bail in Crime No.680 of 2024 of Bowenpally Police Station, Hyderabad, registered for the offence punishable under Sections 103(1) read with Section 49, 61(2) 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 respondent-

State.

3.1 The case of prosecution in brief is that on 22.12.2024 at about 01.30 hours, the defacto complainant-Mohammed Naseer gave a report to the police stating that he is eking out his livelihood by driving an auto-rickshaw. His third son by name Mohd. Sameer worked as a fabrication labour with Sk. Afroz. About one year back, in 2023, a couple of months before Ramzan festival, Sameer accompanied Afroz for fabrication work at a shed owned by one Mohd. Shabbir Ahmed in Manasa Sarovar Heights. During that time, Sameer got acquainted with his daughter by name Ms. Ferdos Sadaf and they eventually fell in love.

3.2 In the month of Ramzan in the year 2023, their relationship was exposed to Ferdos brother, Mohd. Omer, over which Omer along with his friends beat Sameer and warned him to stay away from his sister. A case regarding this incident was registered at Alwal police station. Subsequently, Ferdos Sadaf family relocated from Manasa Sarovar Heights to Nacharam. In January, 2024, Sameer and Ferdos left their respective houses and got married on 31.01.2024. The de facto complainant reported his son missing at the Bowenpally police station. While Ferdos family reported about missing of his daughter at Nacharam police station.

3.3 It is further case of prosecution that a meeting was held in the presence of elders at Nacharam police station, where Naseer requested that the couple not be separated, as they got married and Mohd. Shabbir Ahmed persuaded them to allow Ferdos to return home temporarily, citing his wife's illness and promised to perform their marriage, as per Muslim rites and customs. Subsequently, Mohd. Shabbir Ahmed refused to send Ferdos, when Sameer contacted him, instead he offered ‘Khula’ and pressurized Sameer to declare ‘THALAQ’, otherwise he will kill him and Mohd. Shabbir Ahmed and his son developed grudge against the son of the de facto complainant and they hatched a plan to get rid of Sameer. 3.4 As part of their plan, on the night of 21.12.2024, at around 23.20 hours, while Sameer was talking with his friends namely Bablu and Ghouse behind Ali Complex near their house, three persons arrived on a motorbike and stabbed Sameer before fleeing. Immediately his friends informed about the incident to the de facto complainant and immediately they taken the deceased to the Gandhi hospital where the duty doctors declared that Sameer was died at 00.26 hours on 22.12.2024.

4. Learned counsel for the petitioner submitted that the petitioner is innocent person and he did not commit the alleged offence and he was falsely implicated in this case. He further submitted that the ingredients of Sections 103(1) read with Section 49, 61(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 allegations against the petitioner and entire investigation is completed except filing of charge sheet. The petitioner was arrested on 24.12.2024 and since then he is in judicial custody. The petitioner is ready and willing to cooperate with the investigation pending, if any, and also abide by the conditions, which are going to be imposed by this Court. Therefore, he prayed to release the petitioner on bail.

5. Per contra, learned Additional Public Prosecutor appearing on behalf of respondent opposed the bail petition and submitted that the petitioner has committed grave offence a