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High Court for State of TelanganaCRLP/128/2018allowed no costs

G.S.Chakravarthi v. The State Of Ap.,

2018-01-19T. Rajani4 pages

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH FRIDAY, THE NINETEENTH DAY OF JANUARY, TWO THOUSAND AND EIGHTEEN : PRESENT:

THE HON'BLE SMT JUSTICE T.RAJANI CRIMINAL PETITION No. 128 of 2018 Between:

1. G.S.Chakravarthi, S/o. Ganesh Venkata PUlla Rao

2. T.Sudhakar, S/o. Late T.Pedda Lakshmanna Petitioners (Accused 1 & 2 in Cr.No.283/2017 of Dharmavaratm Urban P.S.,. Anantapur District) AND The State of Andhra Pradesh, through SHO, Dharmavaram Urban P.S., Anantapur District, rep by Public Prosecutor, High Court of Hyderabad for State of Telangana and State of Andhra Pradesh.

Respondent Petition under Section 438 of Cr.P.C. praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to enlarge the Petitioners/Accused No. 1 & 2 on bail in the event of arrest in Crime No. 283 of 2017 of SHO, Dharmavaram Urban P.S., Anantapur District. The Petition coming on for hearing, upon perusing the petition and the grounds filed herein and upon hearing the arguments of Sri K.Narsi Reddy, Advocate for the Petitioners and of the Public Prosecutor (AP) for the Respondent, the Court made the following ORDER:

" This petition is filed seeking for grant of anticipatory bail to the petitioners, who are A1 and A2, in Crime No.283 of 2017 on the file of Dharmavaram Urban Police Station, Anantapur District. The offences alleged are under Sections 409 and 420 r/w 34 IPC.

2.

Heard the counsel for the petitioners and the Public Prosecutor appearing for the respondent.

3.

The counsel for the petitioner submits that there was an election conducted for the Society and the same was annulled and subsequently a fresh election was conducted on 05.07.2017, in which the de facto complainant was elected as president. Questioning the same, the petitioners herein filed W.P.No.35808 of 2017 and notice was ordered to the respondent therein i.e., the de facto complainant herein and subsequent to the filing of the said writ petition, this complaint is filed as a counter blast.

4.

From the facts of the case, it is clear that this case is an outcome of the writ petition filed by the petitioner herein. 5.

Hence, this court opines that this is a fit case for granting anticipatory bail. 6.

Accordingly, the criminal petition is allowed. The petitioners/A1 and A2 are directed to surrender before the Station House Officer, Dharmavaram Urban Police Station, Anantapur District, within 15 days from the date of this order. On such surrender, the petitioners shall be released on bail on their executing personal bonds for a sum of Rs.20,000/- (Rupees twenty thousand only) each with two sureties each for a like sum each to the satisfaction of the said Station House Officer. Further, on such release, the petitioners shall abide by the conditions mentioned under Section 438(2) Cr.P.C., as under: i) The petitioners shall make themselves available for interrogation by a police officer as and when required.

ii) The petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

..2..

iii) The petitioners shall not leave India without the previous permission of the Court.

As a sequel, the miscellaneous applications, if any pending, shall stand closed."

ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To

1. The SHO, Dharmavaram Urban Police Station, Anantapur District.

2. Two CCs to the Public Prosecutor (AP), High Court, Hyd(OUT)

3. One CC to Sri K.Narsi Reddy, Advocate(OPUC)

4. One spare copy.

SAH

HIGH COURT TRJ DATED: 19-01-2018

ORDER

CRL.P.NO. 128 OF 2018 ANTICIPATORY BAIL

DRAFTED BY: SAH APPROVED BY:

DRAFTED ON: 22-01-2018 HIGH COURT TRJ DATED: 19-01-2018

ORDER

CRL.P.NO. 128 OF 2018 ANTICIPATORY BAIL