Anticipatory bail is not granted in cases with specific allegations of organized crime and ongoing investigations.

COMMON ORDER:

Crl.P.No.9071 of 2025 is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short ‘ BNS S’) seeking anticipatory bail to the petitioner/accused No.5 and Crl.P.No.9258 of 2025 is filed under Sections 480 and 483 of BNS S seeking regular bail to the petitioner/accused No.2 in Crime No.192 of 2025 on the file of Film Nagar Police Station, Hyderabad, registered for the offences punishable under Sections 331 (4), 305 (a) Section 111 (3) of Bharatiya Nyaya Sanhita, 2023 (for short ‘ BNS ’).

2. Both the criminal petitions are arising out of Crime No.192 of 2025. Hence, they are heard together and disposed of by this common order.

3. The case of prosecution in brief is that on 18.03.2025 at 01:00 hours, Mohammed Mujahed lodged a complaint stating that he and his family had arrived from Australia to Hyderabad on 13.01.2025 to celebrate Ramadan. On 17.03.2025 at around 17:30 hours, they left their house, properly locking the main door and gate, to attend an Iftar gathering at their grandmother’s residence in Santhosh Nagar. Upon returning at approximately 01:45 hours on 18.03.2025, they found the side door broken. Inside, two bedroom almarahs had been forcefully opened, and various gold ornaments, diamond jewelry (amounting to approximately 32 tulas), cash of Rs.4,02,500/- and 550 Canadian Dollars were found missing. Basing on the same, the above crime was registered.

4. Heard Mr. MD. Arshad Khan, learned counsel for petitioners and Mr.Syed Yasar Mamoon, learned Additional Public Prosecutor for the respondent-State.

5. Learned counsel for petitioners submitted that accused No.5 has not committed any offence and he was falsely implicated in the above crime, basing upon the confession statement given by the other accused and the same is not admissible in law. He further submitted that the ingredients of alleged offences are not attracted against accused No.5 and he is not having any criminal antecedents.

Insofar as accused No.2 is concerned, he was arrested through PT warrant on 11.06.2025, since then, he is in judicial custody. He further submitted that material part of the investigation is completed, except filing of the charge sheet. He further submitted that petitioners are ready to cooperate with the investigation and also ready to abide by the conditions, which are going to be imposed by this Court and hence, prayed for grant of regular bail in favour of accused No.2 and anticipatory in favour of accused No.5.

Per contra

6. , learned Additional Public Prosecutor submitted that petitioners have committed a grave offence and there are specific and serious allegations against them. He further submitted that investigation is under progress and accused No.5 is not entitled for grant of anticipatory bail. Learned Additional Public Prosecutor has placed on record the written instructions furnished by the Sub- Inspector of Police, Film Nagar Police Station, wherein it reveal that, as of today, accused No.2 is involved in 42 crimes and he is a habitual offender. Taking into consideration the conduct of the petitioner, he is not entitled for grant of bail, especially the investigation is under progress.

7. Learned counsel for the petitioner, by way of reply, submitted that in majority of cases, accused No.2 has been acquitted, and as of today, only 20 cases are pending against him. Thus, the pending offences are minor in nature.

8. Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that specific allegations are levelled against the petitioners, and they are allegedly involved in