CRLP/13947/2026 of Shubham Parihar 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 arrayed as accused No.2 in Crime No.301 of 2026 on the file of the Goshamahal Police Station, Hyderabad, registered for the offences punishable under Sections 127(7), 120(1), 115, 351(2), 308, 352 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, ‘BNS’).

3. Heard Mr.Abhishek Agarwal, learned Counsel for the petitioner and Mr.Syed Yasar Mamoon, learned Additional Public Prosecutor, representing the respondent No.1-State.

4. The prosecution case, in brief, is that the petitioner/accused No. 2, in associated with accused No.1, kidnapped the de-facto complainant and his brother, who had questioned certain financial irregularities. It is alleged that de-facto complainant by forging stamps, misappropriated an amount of Rs. 8,00,000/-, thereby causing a loss of Rs. 8,00,000/-. It is further alleged that the petitioner/accused No.2 kidnapped the de-facto complainant and his brother, physically assaulted them, abused them in filthy language and bet them with pipes and also demanded an amount of Rs. 2,00,000/-. It is also alleged that the physical assault continued from 20.08.2026 to 21.08.2026. Subsequently, the accused took the de-facto complainant and his brother to the police station and lodged a complaint. Thereafter, the de-facto complainant and his brothers were taken to the police station, where a report was lodged, based on which the crime was registered.

5. Learned counsel for the petitioner submits that the allegations against the petitioner are false and that the entire prosecution material does not refer to any overt act on the part of the petitioner. It is further contended that the petitioner’s involvement is not supported by any material or evidence. It is also submitted that, except for the offence under Section 140(2) of the BNSS, the alleged offences are punishable with imprisonment of less than seven years. Learned counsel further submits that the petitioner is not involved in any other criminal case. Further, he pleads that he is willing to co-operate with the investigation and abide by any conditions that may be imposed and, hence, prays for the grant of anticipatory bail.

6. The learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioner and contended that the petitioner, along with the other accused, confined the de-facto complainant and his brother, assaulted them, and subjected them to severe verbal abuse. It is further contended that the role of the petitioner came to light during the course of the investigation. However, the investigation is still at an initial stage, and the petitioner’s presence may be required for custodial interrogation for the purpose of conducting an effective investigation. Hence, the learned Additional Public Prosecutor prayed for dismissal of the petition.

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

8. The allegation against the petitioner is that the de-facto complainant and his brother are the purchaser of dry fruits in bulk from M/s. Vinod Impex, which is engaged in the distribution and retail business. It is alleged that, in the course of the said transactions, the de-facto complainant created forged stamps and misappropriated an amount of Rs. 8,00,000/-. When the same came to the knowledge of the accused persons, secured de-facto complainant presence, along with that of his brother, and assaulted them severely. It is further alleged that the accused recorded the video of assaulting and threatened to publish the same on social media. Thereafter, petitioner /accused No.2 demanded an amount of Rs.2,00,000/- from the victims. Subsequently, they were taken to the police station, where an FIR was registered based on the complaint lodged by the de-facto complainant/injured.

9. Upon careful consideration of the material placed by the prosecution, though there is a reference to the petitioner in the confession statement of the co-accused, no specific overt act attributable to the petitioner is found therein. Having regard to this aspect, and keeping in view that the jurisdiction to exercise the power under Section 82 is intended to secure individual liberty while, at the same time, ensuring that a fair and effective investigation is carried out, and considering the absence of any specific ground necessitating the custodial interrogation of the petitioner or any material indicating difficulty in securing the presence of the petitioner for the purpose of judicial process, this Court is of the considered view that the petitioner is entitled to the grant of anticipatory bail. However, secure the presence for investigation and to meet the interest of the prosecution.

10. Accordingly, this Criminal Petition is allowed, subject to following conditions. (A) The petitioner/Accused No.2 shall surrender before the Station House Officer, Goshamahal Police Station, Hyderabad City, 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 Monday and Saturday between 10.00AM 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.

11. It is made clear that any observations made herein are confined solely to the adjudication of the present application for anticipatory bail and shall not be construed as an expression on the merits of the case.

Miscellaneous applications, if any pending, shall stand closed. ___________________ N.TUKARAMJI, J Date: 02.09.2026 FM

THE HONOURABLE SRI JUSTICE N.TUKARAMJI

CRIMINAL PETITION No.13947 OF 2026

DATE: 02.09.2026

FM