Thotla Thirupathi, v. The State Of Telangana,

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.203 of 2025 ORDER:

Seeking the Court to enlarge the petitioner who is arrayed as accused in Crime No.325 of 2024 of Sultanabad Police Station, Peddapalli District, on bail, the present Criminal Petition is filed.

2.

The brief facts of the case are that on 10.11.2024, with an intention to get total inherited agricultural land of the deceased, the accused besides threatening with dire consequences, he also beaten the deceased and the de-facto complainant mercilessly. As a result, the deceased succumbed to the bleeding injuries. Hence, a case was registered vide Crime No.325 of 2024 before the Sulthanabad Police, Peddapalli District, for the offences punishable under Sections 103(1), 118(1) and 115(2) of the BNS.

3.

Heard Sri K.Venumadhav, learned counsel appearing on behalf of the petitioner as well as Sri Syed Yasar Manoon, learned Additional Public Prosecutor appearing on behalf of the respondent-State.

4.

Learned counsel for the petitioner firstly submitted that the deceased become unconscious and sustained head injury by falling on the ground as he suffered heart attack. He

secondly submitted that the petitioner is innocent and he is no way concerned with the alleged offences. He thirdly submitted that all the material witnesses were examined, and further detention of the petitioner is unnecessary. He fourthly submitted that the petitioner has been in judicial custody since 11.11.2024, causing undue hardship to his family. He fifthly submitted that the petitioner is resident of Peddapalli District, with movable and immovable properties, and is willing to furnish sureties as directed. He lastly submitted that previously, bail applications of the petitioner, vide Crl.M.P.Nos.756 and 896 of 2024 was dismissed by the Principal Sessions Judge at Peddapalli, on 13.12.2024 and 30.12.2024, respectively, without valid reasons and prayed the Court to grant bail to the petitioner by allowing this criminal petition.

5.

On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioner stating that there are serious allegations against the petitioner and also investigation is not yet completed, therefore, granting bail to the petitioner, at this stage, does not arise. Hence, he prayed the Court to dismiss the criminal petition.

6.

After considering submissions from both the parties and reviewing the record, since the petitioner is languishing in jail

from 11.11.2024 and also material part of investigation is completed, this Court deems it fit to grant bail to the petitioner subject to the following conditions: i.

The petitioner shall execute a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each, with two sureties for a like sum each to the satisfaction of the Judicial Magistrate of First Class at Sulthanabad.

ii.

The petitioner shall appear before the concerned SHO at 11:00 a.m., on every Monday for a period of eight (8) week or till filing of charge sheet whichever is earlier, for the purpose of investigation, and thereafter, as and when required.

iii.

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

7.

Accordingly, the Criminal petition is allowed. Miscellaneous applications, if any pending, shall stand closed.

_______________ K. SUJANA, J Date: 20.01.2025 Gv/gms

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.203 of 2025 Date: 20.01.2025 Gv/gms