Pogula Laxmirajam v. The State Of Telangana

THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.21 of 2020 ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by petitioner/A4, seeking to grant anticipatory bail to him in Cr.No.413 of 2019 on the file of Korutla Police Station, Jagtial District, registered for the offences under Sections 302, 324 read with Section 34 IPC.

2.

Heard learned counsel for the petitioner/A4, learned Additional Public Prosecutor representing the 1st respondent-State and perused the record.

3.

The case of the prosecution is that on 15.12.2019 at 22.00 hours, the petitioner/A4 along with other accused, beat the father of de-facto complainant and other three persons with sticks, stones, hands and legs indiscriminately by suspecting them as thieves, who reportedly came to Korutla for catching cats, due to which, the father of de-facto complainant died at his house due to internal injuries and other persons sustained bleeding injuries.

4.

Learned counsel for the petitioner/A4 submits that the petitioner is innocent of the alleged offences and his name is included in the crime due to political rivalry with an intention to cause damage to his reputation. He further submits that except the confession of co-accused, there is nothing on record to connect the petitioner/A4 with the alleged crime. He further submits that the

petitioner shall cooperate with the investigation and he shall abide by any condition imposed by this Court.

5.

Learned Additional Public Prosecutor opposed the relief sought in the petition.

6.

As seen from the contents of FIR, there are specific allegations against the petitioner/A4 that he along with the other accused had assaulted one Pentaiah and also Sudarshan and thereafter, the accused and the injured went to their respective houses and said Sudarshan died at his house due to internal injuries. Thus, there are allegations against the petitioner/A4 that he brutally assaulted the deceased and later on, he joined along with the other accused and assaulted the other persons, who were present at the scene of offence. In view of the nature of allegations leveled against the petitioner/A4 and his involvement in commission of the crime, I am not inclined to grant anticipatory bail to him and his prayer for anticipatory bail is refused. However, if the petitioner surrenders before the trial Court within one month from today and files an application for bail, the trial Court shall consider the same in accordance with law after giving due notice to the Public Prosecutor. 7.

With the above directions, the Criminal Petition is dismissed. 8.

Miscellaneous applications, if any pending in this criminal petition, shall stand dismissed.

_____________ G. SRI DEVI, J 16th March, 2020 sj