CRLP/10900/2026 of Mohammed Khaja Vs The State of Telangana on 17 July 2026

O R D E R

This Criminal Petition is filed under Sections 480 & 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the petitioner/accused seeking to enlarge him on bail in connection with Crime No.129 of 2026 of Langer House Police Station, Tolichowki Division, Hyderabad. The offences alleged against the petitioner are punishable under Sections 78 (iv) of the BNS and Section 7 read with 8 and 11 (iv) read with 12 of the POCSO Act.

2. The case of the prosecution is that, the complainant lodged a report before police on 30.05.2026, in which it is stated that the victim is aged about 14 years for

SKS,J crlp_10900_2026

going to school for attending 10th class at Asif Nagar. The petitioner is her auto driver. Taking the advantage of her age and innocence, the petitioner gained her confidence, exchanged phone numbers and started contacting her regularly. On suspension, the family members questioned the victim and she revealed the entire facts, for which they warned the petitioner and removed auto service. But even after giving a warning him, he continued roaming around the victim. Despite warning, he continued to loiter near their residence, and harassing the victim in the name of love. It is stated that due to Bakrid Festival, when the family members of the victim were busy, the petitioner tried to catch out to her, but in vain. Hence, she requested the police to take necessary action on the complaint. Basing on the same, police registered against the petitioner for the aforesaid offences. Initially the respondent-police registered a case for the offences under Section 78 of the BNS and Section 11 read with 12 of POCSO Act was registered against the petitioner. After examination of victim, the offence under Section 7 read with 8 of the POCSO Act is also added.

SKS,J crlp_10900_2026

3. Heard Sri Mohd Azhar, learned counsel for the petitioner/accused and Sri D.Arun Kumar, learned Additional Public Prosecutor, appearing for the respondent-State.

4. The contention of learned counsel for the petitioner is that the petitioner is innocent of the offences alleged against him; that due to disputes between the petitioner and father of the victim, this case has been foisted against the petitioner; that the petitioner has been in judicial custody from 02.06.2026; that as on today entire investigation is completed including recording of statement of the victim under Section 183 of the BNSS. Therefore, under incarceration of the petitioner is not necessary, as such requested the Court to grant regular bail to the petitioner.

5. On the other hand, learned Additional Public Prosecutor opposed the same and submits that the offences alleged against the petitioner are serious and grievous in nature, at this stage, the petitioner is not entitled for grant of bail. However, he informed the Court that statement of victim under Section 183 of the BNSS was already recorded.

6. Considering the submissions made by learned counsel for petitioner and learned Additional Public Prosecutor, the petitioner has been in judicial custody from

SKS,J crlp_10900_2026

02.06.2026. As seen from the record, L.Ws.1 to 11 were examined including the statement of victim under Section 183 of the BNSS. Considering the nature of allegations, period of incarceration and progress in investigation, this Court is inclined to grant bail to the petitioner-accused subject to the following conditions:

(i) The petitioner-accused shall execute a personal bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties for a like sum each to the satisfaction of the learned special Court for the Trial of the Protection of Children from Sexual Offences (POCSO) Act Cases-cum-XII Additional Metropolitan Sessions Judge, Hyderabad.

(ii) On such release, the petitioner-accused shall appear before the concerned S.H.O. between 09:00 a.m., and 5:00 p.m., on every Monday for a period of eight (8) weeks or till filing of charge sheet whichever is earlier, for the purpose of investigation, and thereafter, as and when required.

(iii) The petitioner-accused shall abide by the conditions stipulated in Section 437 (3) of Cr.P.C. (presently, Section 480 (3) of BNSS).

7. Accordingly, the Criminal petition is allowed.

Miscellaneous petitions, if any, pending shall stand closed. _______________ K. SUJANA, J Date: 17.07.2026 YVL