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Judgment
This Criminal Petition has been filed by the petitioner/accused No.2 aggrieved by the order dated 14.08.2026 passed in Crl.M.P.No.1109 of 2026 in Crl.M.P.No.3799 of 2026 in Crime No.529 of 2026 of Borabanda Police Station by the learned V Additional Sessions Judge, Hyderabad, where under the petition filed by the petitioner for grant of interim bail has been dismissed.
Heard Mr.SK.Ashraf, learned counsel for the petitioner, and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, appearing for respondent No.1.
With their consent, the criminal petition is disposed of at the stage of admission.
Learned counsel for the petitioner submits that the petitioner is an accused in Crime No.529 of 2026 of Borabanda Police Station for the offences punishable under Sections 109, 85 and 352(2) r/w 3(5) of the Bharatiya Nyaya Sanhitha, 2023 (for short 'BNS') and Section 3 of the Dowry Prohibition Act, 1961 (for short 'D.P. Act'). The petitioner was arrested on 11.08.2026 and remanded to the judicial custody on the same day. The petitioner filed bail petition i.e. Crl.M.P.No.3799 of 2026 to enlarge him on bail and the said petition was posted to 20.08.2026 for hearing. In the meantime, the petitioner filed Crl.M.P.No.1109 of 2026 for grant of interim bail. The learned Sessions Court dismissed the said petition on 14.08.2026 on the ground that the petitioner filed memo to grant interim bail especially there is no provision in BNSS to grant interim bail.
The learned counsel further submits that as per the provisions of Section 483 of BNS/437 and 439 of Cr.P.C., the Court is having power to grant interim bail to the accused during the pendency of the main bail petition. The learned trial Court, solely on the ground that the relevant provision of law was not mentioned, ought not to have dismissed the petition. The impugned order passed by the learned Sessions Court dated 14.08.2026 is contrary to law. The petitioner has to take care of his own daughter, namely Naziya Begum, as she is a pregnant woman, and his presence is very much required.
Learned Public prosecutor fairly submits that the bail petition i.e. Crl.M.P.No.3799 of 2026 is posted before the learned Sessions Court on 20.08.2026 for hearing and issue necessary directions to the learned Sessions Court to pass appropriate orders by fixing time limit.
Taking into consideration the peculiar facts and circumstances of the case and in view of the urgency expressed by the learned counsel for the petitioner, without going into the other aspects, the learned Sessions Court is directed to dispose of the bail petition filed by the petitioner in Crl.M.P.No.3799 of 2026 and pass appropriate orders in accordance with law, as expeditiously as possible, by tomorrow i.e.20.08.2026 or on any subsequent date.
With the above said direction, the Criminal Petition is disposed of accordingly.
Miscellaneous applications, pending if any, shall stand closed.