Banoth Ramchand v. The State, P.S., Khanapuram Haveli

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.384 of 2024 ORDER:

This Criminal Petition is filed under Section 438 of Cr.P.C. by petitioners/accused Nos.1 and 2 seeking anticipatory bail in the event of their arrest in connection with F.I.R No.293 of 2022 on the file of the Khanapuram Haveli Police Station, Khammam District, registered for the offences punishable under Sections 323, 324, 325, 326 294(b) of Indian Penal Code (for short 'IPC'). 2.

Heard learned counsel for the petitioners, learned Additional Public Prosecutor for the respondent-State and perused the record.

3.

In respect of incident that happened on 03.07.2022 wherein these petitioners party and other party have quarreled, case and counter cases were filed. It is stated by the learned counsel for the petitioners that complaint lodged by these petitioners were investigated and charge sheet was filed.

4.

However, as seen from the record, compliant lodged by the de facto complainant in the present case was refused by the Police, for which, a private complaint was filed.

5.

Keeping in view that there are case and counter cases, this Court deems it appropriate to grant relief of anticipatory bail to the petitioners, subject to the following conditions:

1) The petitioners/accused Nos.1 and 2 are directed to surrender before the Station House Officer, PS, Khanapuram Haveli, Khammam District, on or before 19.01.2024. Upon such surrender, the said Station House Officer shall release the petitioners/accused Nos.1 and 2 on bail, on their executing personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties for a like sum each to his satisfaction.

2) On such release, the petitioners/accused Nos.1 and 2 shall appear before the concerned police concerned Station House Officer on every Monday at 10am for a period of two (04) weeks and thereafter, as and when required, for the purpose of investigation.

3) The petitioners/accused Nos.1 and 2 shall abide by the other conditions stipulated in Section 438(2) of Cr.P.C and shall co-operate with the Investigating Officer in investigating the case.

6.

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

__________________ K.SURENDER, J Date : 11.01.2024 mmr/ktm

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.384 of 2024 Dt.11.01.2024 mmr/ktm