2025 Supreme(Online)(Tel) 51968
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE J SREENIVAS RAO
Mohammed Asim Ali Khan – Appellant
Versus
The State of Telangana – Respondent
CRLP 6721/2025
THE HON’BLE SRI JUSTICE J.SREENIVASRAO CRIMINAL PETITION No.6721 of 2025
ORDER
This Criminal Petition has been filed under Sections
480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’) by the petitioner/accused No.1, seeking bail in S.C.No.511 of 2024, on the file of learned Special Sessions Judge for Fast Track cases for atrocities against women I at Hyderabad.
2. Brief facts of case:
2.1 The case of prosecution in brief is that a written complaint was lodged by the de-facto complainant on 15.06.2023 to the Station House Officer, Film Nagar Police Station stating that she was introduced to the petitioner, who was a Gym Trainer and Coach. She made payment for one year gym membership. During the training, the petitioner informed that he was single and looking to get married. He behaved with her inappropriately.
2.2 On one day he gave some water saying that it is pre-workout supplement to boost energy. After sometime, she fell dizzy and from there she was taken to the car, where the petitioner misbehaved. Thereafter, the petitioner allegedly raped her, forcibly took video and threatened that if she discloses to anyone, the petitioner would post the video in social media. Further, the petitioner also extorted an amount of Rs.6,00,000/- for giving an undertaking that he would marry de-facto complainant but later, refused to marry and cheated her. Though she tried to complain to the brother and other close relatives of the petitioner, the petitioner threatened her that he would post her video in social media and ruin her image. Thereafter, she approached ‘she’ team. Then, the brothers of this petitioner gave an undertaking that they would take the responsibility and help her to marry the petitioner. The petitioner/A1 used to demand huge amounts for his lavish lifestyle. For the said reason, she used to give some amount to meet the petitioner’s/A1’s lavish lifestyle. Since the petitioner started demanding Rs.10,00,000/- for renovation of his parents house, the de- facto complainant expressed her helplessness, for which, the petitioner and his family members abused her mentally and physically. Basing on the said complaint, the present crime was registered against the petitioner and others for the offence under Sections 376(2)(n), 417, 420 and 506 of IPC and the petitioner was arrested on 16.06.2023.
2.3 Thereafter the petitioner had approached this Court and filed Criminal Petition No.7569 of 2023 seeking bail and this Court allowed the said petition and granted bail on 19.08.2023 with certain conditions. Thereafter respondent/de-facto complainant filed Criminal Petition No.11109 of 2023 seeking for cancellation of the bail on the ground that the petitioner violated the conditions imposed by this Court while granting bail to him. This Court after hearing the respective parties allowed the said criminal petition and cancelled the bail granted to the petitioner by its order dated 10.04.2025 and the petitioner is directed to be taken into custody immediately.
2.4 Aggrieved by the above said order, the petitioner approached the Hon’ble Apex Court and filed Special Leave Petition (Crl.) No.6653 of 2024 and the said appeal was dismissed on 22.07.2024. In the meanwhile, the Investigating Officer after conducting investigation filed charge sheet and the same was numbered as S.C.No.511 of 2024. Subsequent to cancellation of the bail order, the petitioner has not surrendered before the concerned Court or before the concerned police. In the meanwhile, Investigating Officer after conducting investigation filed charge sheet and the Court below taken cognizance and issued summons to the petitioner and other accused. The petitioner has not appeared before the Court even after receiving summons in S.C.No.511 of 2024 and therefore, the learned Sessions Judge had issued NBW against the petitioner on 26.07.2024. Upon execution of the NBW, the police produced the petitioner before the trial Court on 09.05.2025 and he was remanded t