CRLP/13317/2026 of Md. Mudassir Khan Vs The State of Telangana on 2 September 2026

ORDER:

This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’), seeking the relief of pre-arrest bail.

2. The petitioner is Former husband of the de facto complainant in unregistered crime on the file of the Madannapet Police Station, Hyderabad.

3. Heard Mr.Md.Siraj, learned Counsel for the petitioners and Mr.Syed Yasar Mamoon, learned Additional Public Prosecutor, representing the respondent-State.

4. The relevant facts, in brief, are that, according to the petitioner, a report has been submitted by one Mohd. Afroz Ansari, stating that his daughter is the former wife of the petitioner. It is alleged that certain WhatsApp chats exchanged between the petitioner and his former wife during the subsistence of their marital relationship were subsequently posted by the petitioner on Instagram.

5. Learned counsel appearing for the petitioner submits that, although the aforesaid report was lodged in the month of June, no First Information Report has been registered till date. However, the police have required the petitioner to appear before them, on account of which he apprehends his arrest or other coercive action at their hands. Learned counsel further submits that the petitioner is willing to cooperate with the investigation and to abide by any terms and conditions that may be imposed by the Court. In these circumstances, it is prayed that the petitioner be granted anticipatory bail.

6. Learned Additional Public Prosecutor, on the other hand, submits that, as of now, no crime has been registered and that the matter is still at the stage of preliminary enquiry. It is further submitted that, although the petitioner was summoned to appear before the Enquiry Officer, he failed to do so. Learned Additional Public Prosecutor also submits that the complainant has not come forward to pursue the report. In view of these circumstances, it is contended that the apprehension expressed by the petitioner is without any valid or reasonable basis. Accordingly, learned Additional Public Prosecutor prays for dismissal of the present petition.

7. I have carefully considered the rival submissions and perused the materials available on record.

8. The specific case of the petitioner is that, pursuant to a report alleging that certain WhatsApp chats exchanged between him and his former wife during their marital relationship were posted on social media, he apprehends arrest and other coercive action by the police. Though, as stated by the prosecution, no crime has been registered so far and the matter remains at the stage of preliminary enquiry, neither its present status nor any definite time frame for its conclusion and the consequent decision regarding registration of a crime has been disclosed. In such circumstances, the possibility of the petitioner being arrested, in the event of registration of a non-bailable offence, cannot be said to be wholly speculative.

9. The power under Section 438 of the Code of Criminal Procedure, 1973, is to be exercised judicially, having regard to the facts and circumstances of each case, while balancing the petitioner's right to personal liberty with the interests of a fair and effective investigation. Gurbaksh Singh Sibbia v. State of Punjab, (1980) 2 SCC 565; Sushila Aggarwal v. State (NCT of Delhi), (2020) 5 SCC 1. The nature and gravity of the accusation, the role attributed to the petitioner, the material available, and his willingness to cooperate with the investigation are relevant considerations. Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694.

10. Having regard to the absence of a registered crime, the uncertain status and duration of the preliminary enquiry, this Court finds his apprehension of arrest or other coercive action to be reasonable. Accordingly, without expressing any opinion on the merits of the allegations or on whether any offence is ultimately made out, this Court is of the considered view that the petitioner has made out a case for anticipatory bail in respect of the report dated 03.06.2026 lodged by Mohd. Afroz Ansari concerning the alleged posting on social media of WhatsApp chats exchanged between the petitioner and his former wife.

11. Accordingly, this Criminal Petition is allowed, subject to following conditions. (A) The petitioner/Accused shall surrender before the Station House Officer, Madannapet Police Station, Hyderabad, on or before 17.09.2026. Upon such surrender or in the event of arrest the Station House Officer shall release him on bail on execution of a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five

Thousand only) with two sureties for a like sum each, to the satisfaction of the said officer. (B) The petitioner shall appear before the Investigating officer on every Tuesday between 11.00AM to 03.00PM, for a period of twelve (12) weeks from the date of his release on bail or until the filing of the final result, whichever is earlier. (C) The petitioner shall remain available for investigation as and when required by the Investigating Officer and shall cooperate fully with the investigation. (D) The petitioner shall furnish his complete residential address and contact details to the Investigating Officer and shall keep the same updated throughout the course of investigation. (E) The petitioner shall not either directly or indirectly induce, threaten, influence, or contact any prosecution witness, nor shall he tamper with the prosecution evidence in any manner whatsoever. (F) The petitioner shall strictly comply with all the conditions contemplated under Section 482(2) of the BNSS. (G) Any wilful breach or violation of any of the aforesaid conditions shall render the petitioner liable to appropriate

proceedings before the court below, including cancellation of bail, in accordance with the provisions of the BNSS and other applicable law. Miscellaneous applications, if any pending, shall stand closed.

___________________ N.TUKARAMJI, J Date: 02.09.2026 mmr

THE HONOURABLE SRI JUSTICE N.TUKARAMJI

CRIMINAL PETITION No.13317 OF 2026

DATE: 02.09.2026

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