CRLP/12960/2026 of Mohamad Ajaz @ Azas, Vs The State of Telangana, on 18 August 2026

ORDER

This Criminal petition rs filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita. 2023 (for short 'BNSS'), seeking the r3lief of anticipatory bail

2. The petitioner is arrayed as Accused No. 4 in Crinre No 136 of 2026 of Nizamabad V Town Police Station, Nizamabad Districl, registered for the offences punishable under Sections 179, i 80, 318(4) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (tor short, "BNS")

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3. Heard Ms. Parimala Parigi, learned counsel for the petitioner and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor, representing the respondent-State.

The prosecution case, in brief, is that the petitioner and other accused in a concerted manner and with a common intention selling the fake currency notes/children bank notes as genuine currency The sard acts of the accused came to light when the complainant was in vehicle checking duty at Nagaram Chowrasta, Nizamabad, Accused Nos. '1 and 2 were found in possession of Children Bank Notes, genuine cash, mobile phone and other incriminating material lt is alleged that during enquiry, the accused said to have confessed the role of the petitioner and that they used to prepare fake currency bundles by placing genuine 500 rupees notes on the top and bottom of the bundles of children Bank Notes and cheat the innocent persons by selling the same as genulne currency crime came to be registered. Based on the report, the

Learned counsel for the petitioner submits that the petitioner ls innocent and has no involvement in the alleged offence lt is further submittedthatthepetitionerhasbeenimplicatedsolelyonthebasisofthe confession statement of the co-accused, which is inadmissible in evidence lt is also contended that, except for the statement of the complainant' there is noothermaterialonrecordshowingthepetitioner,sinvolvementinthe., alleged offence or establishing that the petitioner and the other accused r*trF!E!!.!rE!.! ! "n7 J \ll(i t .r. /). \ a. I ?96a oi 20)rt cheated any person by selling Children Bank Notes as gerrulne currency, as alleged in the confession statement lt is further submitted that there is no allegation that the fake notes/Ch ildren Bank Nofes were actually used as genuine currency. Even according to the prosecution, the satd Children Bank Notes were tendered anywhere or used as genuine lurrency. lt is also contended lhal Children Bank Notes cannot, by themselves, be considered forged currency notes. Learned counsel submits that the petitioner is ready and willing to cooperate with the investigation and abide by any conditions that may be imposed As the petitioner apprehends arrest and coercive action learned counsel prays for grant of anticipatory bail or, in the alternative, for a direction to the investrgating agency to ;erve notice under Section 35(3) of the BNSS

Learned Additional Public Prosecutor opposed the petition, submitting that the allegations against the petitioner are specific and that the investigation is being pursued on the basis of the leads allegedly furnished by the co-accused in their statements of admission. -lowever, he fairly submits that the allegation against the petitioner and the other accused is that they placed Children Bank Nofes between genuine (lurrency notes in a bundle and sold the same as genuine currency bundles and that there is no specific allegation that the said fake currency was actual y tendered or used as genuine currency. Nevertheless, as the investigation is still pending and

NlR,/ Cr/.P. No. 12960 of2026 the presence of the petitioner/Accused No. 4 may be required for custodral interrogation, thus prayed for dismissal of the petition

I have carefully considered the rival submissions and perused the material available on record

8. The allegation against the petitioner is that, along with the other accused, he cheated certain unknown persons by selling fake currency I Children Bank Noles as genuine currency. However, there is no averment that any person who was allegedly cheated by the accused has lodged a report in the present crime. Further, admittedly there is no allegation that the said fake noteslChildren Bank Notes were ever tendered or used as genuine currency OV.ny person. Having regard to these circumstances, and considering the petitioner's willrngness to cooperate with the investigation, without expressing any opinion on the merits of the case and leaving all the prerogatives of the investigating agency open in respect of all the alleged offences, I am of the view that it would be appropriate to direct the investigating agency to serve notice upon the petitioner under Section 35(3) of the BNSS and proceed with the investigation' gAccordingly,thepetitionerisdirectedtoappearbeforetheStation House Officer, Nizamabad V Town Police Station, Nizamabad, within one week from the date of receipt of a copy of this order. Upon such appearance, the lnvestigating officer shall issue a notice to the petitioner under section Eltl]ttFttrtE-:li!t=:_! '. '10 To, ABKW ) \ 7t(./ ( t l). \rr t lgto ,,, )r)-.. 35(3) of the BNSS in crime No.136 of 2026 and shail thereafter proceed strictly in accordance wrth raw, dury adhering to the princilrres and guiderines enunciated by the Hon'bre Supreme court in Arnesh Kumar v state of Bihar, (2014) B scc 273 The petitioner shail, in turn, extend furl cooperation to the lnvestigating Officer during the course of investigation. With the above direction this Criminal petition is disposed of. pending miscellaneous applications if any, shall stand closed SD/- C DEEPIKA ASSISTANT REGISTRAR //TRUE COPY// \v ECTION OFFICER

1. The Sessions Judge, Nizamabad

2. The station House officer, Nizamabad V Town porice station, Nizamabad

3. Two ccs to Pubric prosecutor, High court for the State of rerangana at Hyderabad [OUT]

4. One CC to Sri Parimala parigi, Advocate tOpUCl

5. Two CD Copies (

HIGH COURT DATED: 1810812026

ORDER

CRLP.No.12960 of 2026 DISPOSING OF THE CRIMINAL PETITION /,1'' ,$, )b ou 2 1 AllF 2-': s E B TA l o q v G .L * ,t of