N I 'I APHC010354062025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE SIXTEENTH DAY OF JULY TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7349 OF 2025 Between: 1. Mohammad Imran, S/o late Mahammad Mustaq, aged about 30 years R/o. D.No; 2830/A/45/1, Murad Nagar, Mahidepatnam, Hyderabad, Telangana State. 2. Syeda Maheena Fathima, W/o Late Azeem Nawab @ Navan Meer Azeem Kahn, Aged about 49 years, R/o D.No; 7-1-638 to 643, Flat.No First Floor, Bhanu Enclave, Sanath Nagar, Hyderabad City, Telangana State. Hill Colony, Asif Nagar, 111 ...Petitioners/ Accused No. 1 & 2 AND The State of Andhra Pradesh, Through SHO Kanekal Police Station Rep. by its Public Prosecutor, High court of A.P. at Amaravathi. ...Respondent Petition under Section 528 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the entire proceedings against the petitioners dated 09.05.2025 in CrI.M.P. No. 187 of 2025 In Crime No. 122 of 2024 of Kanekal P.S on the file of the Court of Judicial Magistrate of First Class, Rayadurg, by cancelling the Bail granted in CRL.M.P. No. 494 of 2024 dated 03.12.2024 by directing the petitioners to surrender before the 21.05.2025 being in abuse of process of law. Court on or before lA NO: 2 OF 2025 Petition under Section 528 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition may be pleased to suspend proceedings dated 09.05.2025 in CrI.M.P. No. 187 of 2025 in Crime No. 122 of 2024 of Kanekal P.S, on the file of the Court of Judicial Magistrate of First Class, Rayadurg, by cancelling the Bail granted in CRL.M.P. No. 494 of 2024 dated 03.12.2024 by directing the petitioners surrender before the Court on or before 21.05.2025. the High Court to Counsel for the Petitioners: Sri Abdus Saleem Counsel for the Respondent: Public Prosecutor The Court made the following order: 1 APHC010354062025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0^^ [3396] WEDNESDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7349/2025 Between; 1.MOHAMMAD IMRAN,, S/0 LATE MAHAMMAD MUSTAQ, AGED ABOUT 30 YEARS, RIO D.NO- 2830/A/45/1, MURAD NAGAR, HILL COLONY, ASIF NAGAR, MAHIDEPATNAM TELANGANA STATE. HYDERABAD, 2.SYEDA MAHEENA F.^THIMA„ W/0 LATE AZEEM NAWAB @ NAVAN MEER AZEEM KAHN, AGED ABOUT 49 YEARS, R/0 D.NO- 7-1- 638TO 643, FLAT.NO 111, FIRST FLOOR, BHANU ENCLAVE, SANATH NAGAR, HYDERABAD CITY, TELANGANA STATE. ...PETITIONER/ACCUSED(S) AND 1.THE STATE OF ANDHRA PRADESH, Through SHO Kanekal Police Station Rep. by its Public Prosecutor, High court of A.P. at Amaravathi. ...RESPONDENT/COMPLAINANT Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the entire proceedings against the petitioners dated 09.05.2025 in CrI.MP.No. 187 of 2025 In Crime No. 122 of 2024 of Kanekal P.S On the file of the Court of Judicial Magistrate of First Class; Rayadurg by cancelling the Bail granted in CRL.MP.No: 494 of 2024 dated 03.12.2024 by directing the petitioners to / .'V 2 surrender before the Court on or before 21.05.2025 being in abuse of process of law and pass such other order or orders. lA NO; 1 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased may be pleased to dispense with filing of the original certified copy of CrI.M.P.No; 187 of 2025 in Crime.No; 122 of 2024 of Kanekal Police Station, dated 09.05.2025 on the file of Judicial Magistrate of First Class at Rayadurg before this Hon’ble Court and pass such other order or orders. lA NO; 2 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased may be pleased to suspend proceedings dated 09.05.2025 in CrI.MP.No. 187 of 2025 in Crime No. 122 of 2024 of Kanekal P.S On the file of the Court of Judicial Magistrate of First Class; Rayadurg. by cancelling the Bail granted in CRL.MP.No: 494 of 2024 dated 03.12.2024 by directing the petitioners to surrender before the Court on or before 21.05.2025 and pass such other order or orders. Counsel for the Petitioner/accused(S); 1.ABDUS SALEEM Counsel for the Respondent/complainant; 1. PUBLIC PROSECUTOR The Court made the following; ORDER; This Criminal Petition, under Section 528 of B.N.S.S. has been filed by the petitioners / A1 and A2 seeking quash of order dated 09.05.2025 passed in CrI.M.P.No.187 of 2025 in Crime No.122 of 2024 of Kanekal Police Station, on the file of learned Judicial Magistrate of First Class, Rayadurg. 3 2. Heard learned counsel for the petitioners and learned Assistant Public Prosecutor, appearing on behalf of the respondent-State. Learned counsel for the petitioners would submit that the petitioners They are facing Crime No. 122 of 2024 for the offences punishable under Sections 420 and 506 r/w 34 IPC. They were given 41A Cr.P.C. notices by the police. They have furnished sureties. Learned counsel for the petitioners would submit that later they were produced before the Court and released on bail directing them to appear before the concerned Station House Officer twice in a month. It is alleged that they failed to appear before the police. Meanwhile, a petition has been moved by the prosecution for cancellation of the bail on the allegation that they are not complying the Learned counsel would further submit that the nature of the allegations made against the petitioners are that they have committed default in payment of the due amount to the complainant. Learned counsel would further submit that without serving a notice to the accused, the bail has been cancelled. Learned counsel finally submits that the offences are punishable with imprisonment below seven years, the protection may be given to the petitioners in the light of the Judgment of Hon’ble Supreme Court in Arnesh Kumar V. State of Bihar\ 3. are A1 and A2. conditions. 4. Learned Assistant Public Prosecutor would submit that Court may pass appropriate orders. '(2014) 8 see 273 t 5. Considering the submissions made and a fair look at the material placed on record, the impugned order would show that the police initially issued 35(3) of B.N.S.S. notice to the petitioners and they appeared before the police and the police have interrogated them, later produced beforethe Court. The Court grated conditional bail to them to appear before the police twice in a month. It appears that, the petitioners failed to appear before the police in compliance of the conditions. 6. As can be seen from the impugned order, the reason for absence of the petitioners before the police in compliance of the Court order is regarding an incident occurred on 16.01.2025, on which date, some unknown persons came to attack on the respondents by shouting in filthy language. The petitioners terrifying such high handed activities, dialed 112 and the same was received by the police, on that the police intervened and took the photographs and video graphs of the persons who attacked the petitioners. The police escorted the petitioners to Hyderabad. As such, the petitioners are apprehending to go to police station to comply the conditions imposed by this • •» Court. 7. In the light of the same, taking into consideration the facts and circumstances of the case, even as per the case of the complainant, the offences punishable are below seven years. Hence, it is apposite to allow the petition by setting aside the impugned order. 5 \ 8. In the result, the Criminal Petition is allowed. The petitioners are directed to appear before the Court and execute a personal bond for Rs.20,000/- (Rupees twenty thousand only) each with two sureties for a like sum each to the satisfaction of the concerned Magistrate Court, petitioners shall appear before the concerned Magistrate Court month i.e. on First Monday of every month, till filing of charge sheet. The once in a Sd/- G HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// G^tONOF^ER SE To, 1. The Judicial Magistrate of First District. 2. The Station House Officer, Kanekal Police Station, Ananthapuram District. 3. One CC to Sri Abdus Saleem, Advocate [OPUC] 4. Two CC’s to the Public Prosecutor, High Court of Andhra Pradesh [OUT] 5. Three CD Copies Class, Rayadurg, Ananthapuram GPC vna HIGH COURT DATED: 16/07/2025 ORDER CRLP NO. 7349 OF 2025 ALLOWING THIS CRIMINAL PETITION