Sakinala Raju v. The State Of Telangana

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. 185 of 2018 Between:

Sakinala Raju, S/o. Late Narsaiah Petitioner (Accused in Cr.No.719/2017 of P.S.Chaitanyapuri, Rachakonda Commissionerate) AND The State of Telangana, rep by its Public Prosecutor, High Court of Judicature at Hyderabad, through SHO, Chaitanyapuri P.S., Rachakonda. Respondent/Complainant 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 petitioner on bail in the event of his arrest in connection with the Crime No. 719/2017 of the P.S. Chaitanyapuri, Rachakonda Commissionerate, on the file of the XI Metropolitan Magistrate, L.B.Nagar, R.R.District.

The Petition coming on for hearing, upon perusing the petition and the grounds filed herein and upon hearing the arguments of Sri Ajgal Ravi Babu, Advocate for the Petitioner and of the Public Prosecutor (TG) for the Respondent, the Court made the following ORDER:

" This petition is filed seeking for grant of anticipatory bail to the petitioner, who is the accused, in Crime No.719 of 2017 on the file of the Station House Officer, Chaitanyapuri Police Station, Rachakonda District. The offences alleged are under Sections 420, 468 and 471 IPC.

2.

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

3.

As per the case of the prosecution, this petitioner was in possession of the plot unauthorisedly. The counsel for the petitioner brings to the notice of this court that the petitioner purchased the plot under valid sale deed and that the allegation by the prosecution is that the earlier vendors of this petitioner impersonated and sold the plot.

For the act of the vendors, the petitioners cannot be held to be liable.

4.

In view of the above, prima facie, it appears that this petitioner does not have any role in the alleged impersonation. Hence, this court is of the opinion that this is a fit case for granting anticipatory bail. 5.

Accordingly, this Criminal Petition is allowed. The petitioner is directed to surrender before the Station House Officer, Chaitanyapuri Police Station, Rachakonda District, within 15 days from the date of this order. On such surrender, the petitioner shall be released on bail on his executing a personal bond for a sum of Rs.20,000/- (Rupees twenty thousand only) with two sureties each for a like sum each to the satisfaction of the said Station House Officer. Further, on such release, the petitioner shall abide by the conditions mentioned under Section 438(2) Cr.P.C., as under:

i) The petitioner shall make himself available for interrogation by a police officer as and when required.

ii) The petitioner 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 petitioner shall not leave India without the previous permission of the Court.

Office to append a copy of the order of this court in Crl.P.No.12704 of 2017 dated 28.12.2017.

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

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

1. The XI Metropolitan Magistrate at L.B.Nagar, Rachakonda.

2. The SHO, Chaitanyapuri Police Station, Rachakonda Districdt.

3. Two CCs to the Public Prosecutor (TG), High Court, Hyd(OUT)

4. One CC to Sri Ajgal Ravi Babu, Advocate(OPUC) (1 to 4 along with a copy of the order of this Court in Crl.P.No. 12704 of 2017 dated. 28-12-2017)

5. One spare copy.

SAH

HIGH COURT TRJ DATED: 19-01-2018

ORDER

CRL.P.NO. 185 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. 185 OF 2018 ANTICIPATORY BAIL