IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE J SREENIVAS RAO
Mohammed Hamed Khan @ Hamed – Appellant
Versus
The State of Telangana – Respondent
CRLP 5571/2025
THE HON’BLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.5571 of 2025
ORDER:
This criminal petition is filed by the petitioner/accused under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) seeking anticipatory bail in connection with Crime No.78 of 2025 on the file of Sadashivpet Police Station, Sangareddy District, registered for the offence punishable under Sections 126(2), 303(2), 351(2), 140(2) and 61(1) of BNS.
2. The case of the prosecution is that the complainant lodged a report alleging that the petitioner is torturing and threatening him not to attend the Court for trial and insisted him to leave the town. The petitioner forcibly abducted his two children and demanded Rs.25,000/- for releasing them. The petitioner also seized his two vehicles and demanded Rs.11 lakhs to release them and apart from that he further demanded another sum of Rs.11 lakhs. The petitioner also took him in his car, abused him physically and assaulted him when he tried to lodge a report. Basing on the same, the present crime was registered.
3. Heard Smt. C. Vasundhara Reddy, learned counsel for the petitioner and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor for the respondent-State.
4. Learned counsel for the petitioner submits that the petitioner has not committed the offence and he was falsely implicated in the above crime. Even according to the allegations made in the complaint, the complainant has not made specific allegations about kidnapping of his two children and demanding of amount. He further submits that in the absence of any other evidence, demand of the said amount does not arise, but the police have registered the crime for the offence punishable under Section 140(2) of BNS and that the other allegations levelled against the petitioner is within the imprisonment of less than seven years. The petitioner is ready and willing to cooperate with the investigation and also abide by the conditions, which are going to be imposed by this Court. He further submits that the petitioner filed Crl.M.P.No.139 of 2025 before the III Additional Sessions Judge, Sangareddy, for grant of anticipatory bail and the said petition was dismissed on
08.04.2025 on the ground that the petitioner is having criminal antecedents. He further submits that mere involvement of the petitioner as an accused in other cases is not a ground to reject the bail. In support of his submission, he relied on the decision of the Hon’ble Supreme Court in Prabhakar Tewari vs. State of Uttar Pradesh and another, (2020) 11 SCC 648 5. Per contra, learned Additional Public Prosecutor submits that the petitioner has committed grave offence and investigation is at threshold. The petitioner is a habitual offender and committed several offences as on date. He further submits that the petitioner is accused in 11 criminal cases and a rowdy sheet was also opened against him and the same is continuing. If the petitioner is granted anticipatory bail, he will interfere with the investigation and also influence the witnesses. Therefore, he is not entitled for grant of anticipatory bail.
6. Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that there are specific allegations against the petitioner about kidnapping of the complainant’s two
children and demanding of amount and also seizing of his two vehicles and demanding of huge amount for their release. The record further reveals that against the petitioner rowdy sheet was opened and the same is continuing and he also involved in more than 11 criminal cases and the same are pending. Even according to the learned Additional Public Prosecutor, investigation is at threshold.
7. Taking into consideration the facts and circumstances of the case as well as the gravity of the offence, this Court is not inclined to grant anticipatory bail to the petitioner at the stage especially when the investigation is under progress.
8. Accordingly, the
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