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High Court for State of TelanganaCRLP/201/2020allowed no costs

Chintawar Chandrashekhar v. The State Of Telangana

2020-02-05G Sri Devi4 pages

[ 31s8 ] rN rHE HrGH couRr FoR r[HI3t= oF TELANGANA WEDNESDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY :PRESENT:

THE HONOURABLE JUSTICE G SRI DEVI CRIMINAL PETITION NO: 201 OF 2O2O Between:

Chintawar Chandrashekhar, S/o Ramulu, Petitioner/ Proposed Accused AND The State of Telangana, Rep. by its Public Prosecutor, High Court at Hyderabad (Through S.H.O., P.S. lainoor, Kumrambheem District) Respondent Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to grant anticipatory bail to the petitioner/proposed accused in the event of his arrest in connection with Crime No, l-19 of 201,9, on the file of P.S. Jainoor, Kumrambheem Dlstrict,, The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of SRI SUNIL DESHPANDE Advocate for the Petitioner and the Additional PUBLIC PROSECUTOR for the Respondent, the Court made the following.

ORDER:

THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.201 of 202).0 ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by the petitioner seeking to grant anticipatory bail in the event of his arrest in Crime No.119 of 2019 on the file of Jainoor Police Station, KumarambheemAsifabad District, registered for the offences punishable under Sections 120(b),313 and 376(2Xo) of IPC and Section 6 of POCSO Act.

2. Heard learned counsel for the petitioner, learned Additional Public Prosecutor appearing for the respondentState and perused the record.

3. Learned counsel for the petitioner would submit that the petitioner is arrayed as accused in the aforesaid crime; that the petitioner is running a medical shop in the name and style of "Venkata Sai lVedicals" and having valid license to sell the drugs; that license has been issued to the petitioner by the Drugs Control Administration and the same is valid upto 30.10.2020: that there is nothing on record to show that the petitioner has sold the unwanted kit to the other accused \ r without having any valid receipt; and that the petitioner is falsely implicated in this case. Learned counsel further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court ln the event of his enlargement on anticipatory bail

4. Learned Additional Public Prosecutor vehemenfly opposed to grant anticipatory bail to the petitioner. 5.

Looking into the nature of allegations levelled against the petitioner and the facts and circumstances of the case, without delving into the merits of the case, I am inclined to grant anticipatory bail to the petitioner.

6. The Criminal Petition is accordingly allowed. The petitioner is directed to surrender before the Station House Officer, Jainoor Police Station, Kumarambheem-Asifabad District, within a period of 'l 5 days from the date of this order. On such surrender, the said Station House Officer shall release the petitioner/accused on bail on his executing a personal bond to the tune of Rs.15,0001 (Rupees Fifteen thousand only) with two sureties for the like amount each to his satisfaction. Further, the petitioner shall abide by the conditions stipulated in Section 438(2) Cr.P.C and co-operate with the Investigating Officer in investigating the case.

7.

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

CHANDRASEKHARA RAO TANT REGIqTRAR SD/- N, ASSIS / /TRUE COPY / / I ti SECTION'OFFICER To, . The Judicial Magistrate First Class, Utnoor. . The Station House Officer, P.S. Jainoor, Kumrambheem Dlstrict ,'

3. One CC to SRI. SUNIL DESHPANDE Advocate [OPUC]

4. Two CCs to PUBLIC PROSECUTOR, High Court at Hyderabad' [ouT] / 5, One Spare Copy GR

HIGH COURT GSD] DATED:05 / 02/ 2O2O

ORDER

CRLP.No.2O1 of 2O2O 1 flE s gCiAL ( b.

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