THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.12672 of 2025

ORDER:

This Criminal Petition is filed before this Court for grant of pre-arrest bail to the Petitioner who is arrayed as accused No.2 in FIR No.468 of 2023 of Karimnagar Rural Police Station, Karimnagar District, registered for the offences punishable under Sections 406 and 420 of the IPC.

2. The brief facts of the case are that, on 28-12-2023, the de-facto complainant lodged a report before the police stating that his friend i.e. the accused No.1 has introduced the accused No.2 and 3 to the de-facto complainant stating that they find out the hidden treasurers and tally the purity of gold and they used to take gold from the de-facto complainant and returned them back with cash. In the same manner, they asked him to give gold of his mother. On believing their version, he gave 10 tolas gold ornaments belong to his mother to them and on the following day they returned the same. Again on 26-12-2023, they approached him and asked gold and believing them he handed over 10 tolas of gold, but they failed to return them, thereby they cheated him. Hence, the complainant requested to take necessary action. Basing on the said complaint, the police registered a case in FIR No. 468 of 2023 for the above said offences.

3. Heard Sri Mirza Azmath Ali Baig, learned counsel appearing on behalf of the petitioner as well as Sri Arun Kumar Doddla, learned Additional Public Prosecutor for respondent-State.

4. Learned counsel for the petitioner submitted that offences alleged against the petitioner are less than seven (07) years. It is further submitted that accused Nos.1 and 3 were already issued the notice under Section 35 (3) of BNSS and the petitioner herein was not served with the notice under Section 35 (3) of BNSS. It is further submitted that the petitioner herein has approached the trial Court for grant of Anticipatory Bail, but the trial Court has dismissed the same. Therefore, he prayed the Court to grant pre-arrest bail to the petitioner by allowing this criminal petition, as the offences alleged against the petitioner are below seven (07) years.

5. On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioner stating that the petitioner herein is the Habitual Offender and there are five (05) crimes pending against the petitioner for the same offence. It is further submitted that, as the PT Warrant is pending against the petitioner herein, therefore, the concerned police has not issued the notice under Section 35 (3) of BNSS to the petitioner herein. Further, the custodial interrogation is required in this case. Therefore, he prayed the Court to dismiss the criminal petition.

6. Considering the facts and circumstances of the case and a perusal of the material available on record, it appears that though the alleged offences against the petitioner herein are under Sections 406 and 420 of the IPC, which are below seven (07) years, there is a previous criminal history of the petitioner for the similar offence. On the earlier occasion, this Court, vide order dated 01.08.2024 in Crl.P.No.8577 of 2024 had directed the police to serve the notice under Section 35 (3) of BNSS to the petitioner herein, but they refused to serve the same, as there is a PT warrant pending against the petitioner herein. Considering the previous criminal history of the petitioner herein, this Court is not inclined to grant pre-

arrest bail to the petitioner herein.

7. Accordingly, this Criminal Petition is dismissed.

Miscellaneous applications, if any pending, shall stand closed.

_______________

K. SUJANA, J Date: 07.10.2025 TU