The Hon’ble Sri Justice J.Sreenivas Rao Criminal Petition No.8440 of 2025

Order

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This Criminal Petition is filed by the petitioner/accused No.2 under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking regular bail in connection with Crime No.45 of 2025 of Special Zonal Crime Team, Central Crime Station, Detective Department, Hyderabad, registered for the offences punishable under Sections 178, 179, 180, 318(4) and 336(3) r/w Section 61(2) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’).

2. Heard Mr. Rahul Agarwal and Mr. Amar Arora, learned counsel representing Mr. Mohammed Zaki, learned counsel for the petitioner/accused No.2 on 16.07.2025 and today respectively and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for the respondent/State.

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3. The case of the prosecution is that on 10.04.2025 at about 16:45 hours, the complainant lodged a complaint stating that in February, 2025, one person viz., Amit Jain styling himself to be a gold jeweller at Surat, called him through Cell No.7890198601 and ordered for 400 grams of gold jewellery and accordingly, the complainant sent 400 grams of gold jewellery through his person to hand over the same to the person sent by Amit Jain at Secunderabad Railway Station and the said person took the gold jewellery and handed over a bag containing 40 lakhs, which was later found to have been filled with fake currency and again on 08.04.2025, the complainant received another similar call from accused No.1 in the aforesaid crime, who, styling himself to be a gold jeweller at Udaipur, Rajasthan, ordered for 400 grams of gold jewellery and this time, the complainant, with an intent to catch the culprit redhandedly, filled an empty bag with some stuff and handed over the same to accused Nos.2 and 3, who were sent by accused No.1 near Mehfil Hotel, Narayanaguda, and in ::3::

return accused Nos.2 and 3 gave a bag stating that the same contains cash of Rs.60 lakhs and when the complainant tried to open the cash bag, accused Nos.2 and 3 became suspicious and tried to escape and the complainant apprehended them and on enquiry, accused Nos.2 and 3 confessed that the bag contains 12 bundles of fake currency and the complainant took accused Nos.2 and 3 to the police station. Basing on the said complaint, the aforesaid Crime was registered against the petitioner/accused No.2 and other accused for the aforesaid offences.

4. Learned counsel for the petitioner/accused No.2 submits that the petitioner has not committed any offence and he was falsely implicated in the aforesaid crime basing on his statement given before the investigating officer during his custody and such statement cannot be taken into consideration as it is not permissible under law.

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5. Learned counsel further submits that the petitioner was arrested unlawfully from Jaipur, Rajasthan, on 23.05.2025 at 1:00 a.m., without any transmit permit or local police involvement, which is in gross violation of the mandatory procedure established by law. He further submitted that no grounds of arrest were intimated to the petitioner before taking him into custody and the petitioner was not produced before the jurisdictional Magistrate at Jaipur and there was no written intimation to the family or relatives of the petitioner regarding his arrest or FIR details and the same is in contravention of Section 45 of BNS.

6. Learned counsel further submits that the learned II Additional Sessions Judge, Hyderabad, rejected the bail application viz., Crl.M.P.No.3204 of 2025, as filed by the petitioner vide order dated 27.06.2025, mechanically without assigning any reasons and accused Nos.3 and 4, against whom very same allegations are levelled, were already enlarged on bail ::5::

and the petitioner was arrested on 24.05.2025 and since more than 55 days, he has been in judicial custody and the investigating officers have already taken the petitioner into police custody and recorded his statement and the entire inve