Telangana High Court
CRLP/16898/2026 of Bhajrang Bharadwaj alias Bharang Sharma Vs The State of Telangana on 12 October 2026
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONDAY, THE TWELFTH DAY OF OCTOBER TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO CRIMINAL PETITION NO: 16898 OF 2026 Between 1. Bhajrang Bharadwaj @ Bharang Sharma, S/o Late Ratiram Sharma Age. 32 Years,
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
MONDAY, THE TWELFTH DAY OF OCTOBER
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE J SREENIVAS RAO
CRIMINAL PETITION NO: 16898 OF 2026
Between
1. Bhajrang Bharadwaj @ Bharang Sharma, S/o Late Ratiram Sharma Age. 32
Years, OPRC. Jawan in CRPF, Assam, R/o H. No. Pali Village, Ir,4ahendragarh Distrrct, Haryana State.
2. Rajender Bharadwaj, S/ o Late Ratiram Sharma, Age. 36 Years, OPRC. Political Activist, R/o H. No. Pali Village, lvlahendragarh District, Haryana State.
... Petitioner/Accused 1 & 2
AND
1 The State of Telangana, through PS lvlalakpet, Hyderabad, Rep by its Pubtic Prosecutor, High Court for the State of Telangana At Hyderabad.
2. Sai Prakash Kaushik, S/o Raj Kumar Kaushik Aged 34 Years, OPRC. Business, R/o Flat no.503, Devi Residency, Sripuram Colony, Malakpet, Hyderabad
.. Res ponde n ts/De-fa cto Complainant
Petition under Section 482 of Cr.P.c. under Section 528 of BNSS praying that in the crrcumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the order dated 05.08.2026 passed by the learned Vll Additional Chief lvletropolitan Magislrate, Hyderabad Court in P.R.C. No.1 15 o'f 2023, dismissing the petition filed under Section 70(2) Cr.P.C.and consequently, recall the Non-Bailable Warrants issued against the Petitioners/ Al and A2 in P.R.C. No.'l 15 of
2023.
Petrtron under section 482 of cr.p c under section 52g cf BNSS praying that in the circumstances statecl rn the l\,4emorandum of Grounds of criminal petition, the High court may be pieased to suspend the execution of the NBWs issued on 16.06.2026
agarnst the Petrtioners in P R.c No.115 of 2023 sublect to therr undertaking to appear before the learned Trial Court and furnish the requisite sureties This Petition coming on for hearing, upon perusing the [\ilemorandum of Grounds of criminal Petition and upon hearrng the argumenls of lvr. K Karuna sagar, Advocate for the Petrtioners and the Mr. Jithender Rao veeramalla, Addtiional public prosecutor on behalf of the Respondent No.1 and of None appeared for the Respondent No. 2.
The Court made the following: ORDER
l.A. NO: 2 OF 2026
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAI)
THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO
CRIMINAL PETITION No.16898 of 2026
CNR No. H8HC010693012026
Date:12.10.2026
Between:
Bhajrang Bharadwaj @Bharang Sharma and another
...Petitioners
AND
The State ofTelangana and another
...Respondents
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ORDER
This Criminal Petition is filed aggrieved by the order dated 05.08.2026 passed by tle leamed VII Additional Chief Metropolitan Magistrate, at Hyderabad, in P.R.C.No.115 of 2023, wherein the application filed by the petitioners seeking to recall the Non-Bailable Warrant (NBW) issued against them was dismissed
2. Heard Mr.K.Karuna Sagar, learned counsel for the petitioners and Mr.Jithender Rao Veeramalla, leamed Additional Public Prosecutor for respondent No.1.
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3. Notice in respect of respondent No.2 is dispensed with solely on the ground that the petitioners are not seeking any relief against respondent No.2 and is only seeking recall of the NBWs issued by the leamed trial Court.
4. Leamed counsel for the petitioners submits that the petitioners are accused Nos.l and 2 in P.R.C.No. 115 of 2023 and are facing prosecution fbr the offences punishable under Sections
324. 307, 426, 449, 452 and,506 r/w 34 of the Indian Penal Code, 1860 (for short, "lPC"). He further submits that petitioner No.1 is discharging his duties as a Jawan in the Central Reserve Police Force (CRPF) ln Assam, while petitioner No.2 IS residing ln Haryana. Due to unavoidable circumstances, the petitioners could not appear before the leamed trial Court on 16.06.2026, pursuanr to which the leamed trial Court issued non-bailable warrants (NBWs) against them. Thereafter, the petitioners fl1led an application under Section 70(2) ofthe Code ofCriminal Procedure, 1973 (for short, "Cr.P.C."), seeking the recall of the NBWs issued against them. However, the learned trial Court, without properly considering the contentions raised by leamed counsel for the petitioners, dismissed the said application on 05.0g.2026. He further submits that the a- petitioners are willing to appear before the learned trial Court and fumish sureties. He also submits that the petitioners will represent their matter through their counsel and appear before the leamed trial Court as and when required. Unless the NBWs are recalled, the petitioners will be put to great hardship.
5. Per contra, leamed Additional Public Prosecutor submits that pursuant to the order dated 01 .06.2026 petitioners not appeared before the trial Court and not fumished sureties. Hence the ieamed trial Court issued NBWs against petitioners on 16.06.2026 and dismissed the application fited by the petitioners on 05.08.2026.
6. Having considered the rival submissions made by the leamed counsel for the respective parties and upon perusal of the material available on record, it reveals that the petitioners are accused Nos.l and 2 in P.R.C.No.115 of 2023 and are facing prosecution for the offences punishable under Sections 324,307, 426,449,452 and 506 r/w 34 ofthe IPC. The record further reveals that, on 01.06.2026, the leamed trial Court directed the petitioners to appear before the trial Court and fumish sureties. As the petitioners failed to comply with the said order, the leamed trial -
Court issued NBWs against them on 16.06.2026. Thereafter, the petitioners filed an application seeking the recall of the NBWs, which was dismissed by the leamed trial Court on 05.0g.2026. The record further reveals that petitioner No.l is Jawan in CRpF in Assam. According to learned counsel for the petitioners, petitioner No.2 is a resident of Haryana and is presently residing in New Delhi.
7. During the course of hearing, leamed counsel for the petitioners submits that the petitioners will appear before the learned trial Court and fumish sureties in compliance with the order dated 01 .06.2026
8. Taking into consideration the peculiar facts and circumstances of the case and the occupation of the petitioners, this Court is inclined to recall the NBWs issued against the petitioners on 16.06.2026. Hence, the impugned order dated 05.09.2026 passed by the learned trial Court is liable to be set aside and is accordingly set aside.
9. In view of the above, the NBWs issued against the petitioners on 16.06.2026 are recalled, subject to the following conditions: i) The petitioners shall appear before the leamed trial Court and comply with the order dated 01.06.2026. ii) The petitioners shall execute a personal bond for Rs.25,000/- (Rupees Twenty-Five Thousand only) each, with two sureties one of whom must be a local surety to the satisfaction of the leamed trial Court.
10. Accordingly, the Criminal Petition is disposed of. Pending miscellaneous applications, if any, shall stand closed. SDi- K. BHAVANI SWAMY ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER
1. The Vll Additional Chief Metropolitan Magistrate, at Hyderabad'
2. The Station House Officer, Malakpet Police Station, Hyderabad City District'
3. Two CCs to the Public Prosecutor, High Court for the State of Telangana' at Hyderabad (OUT)
4. One CC to lrilr. K. Karuna Sagar, Advocate [OPUC]
5. Two CD CoPies To, DL/BA
HIGH COURT DATED: 1211012026 l'.il )t 1dE SlArE o 16 ocT 2S2$ (
ORDER
CRLP.No.16898 of 2026 DISPOSING OF THE CR!MINAL PETITION .) v i) (-, + $r €\ \ \C