T. Upender Reddy v. State Of Telangana Rep By Its P.P
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. 209 of 2018 Between:
1. T.Upender Reddy, S/o. Ranga Reddy (A1)
2. T.Geetha, W/o. Upender Reddy (A2) Petitioners (Accused 1 & 2 in Cr.No.1058/2017 of Dundigal P.S., Cyberabad, R.R.Dist) AND The State of Telangana, rep. by its Public Prosecutor, High Court of Hyderabad, through its Police, Dundigal, Cyberabad, Ranga Reddy District. 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 grant anticipatory bail to the petitioners No. 1 & 2 in FIR.No. 1058 of 2017, Police Dundigal, Cyberabad, Ranga Reddy Districdt.
The Petition coming on for hearing, upon perusing the petition and the grounds filed herein and upon hearing the arguments of Sri Alluri Raghu Rama Aurava, Advocate for the Petitioners 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 petitioners, who are A1 and A2, in Crime No.1058 of 2017 on the file of the Station House Officer, Dundigal Police Station, Cyberabad District. The offences alleged are under Section 3(1)(s) of the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (for short, "the Act"). 2.
Heard the counsel for the petitioners and the Public Prosecutor appearing for the respondent.
3.
The counsel for the petitioners submits that the de facto complainant herein is due an amount to the petitioners and in that regard, the petitioners obtained decree in the money suit viz., O.S.No.572 of 2013, filed by them against the de facto complainant. Later on, E.P. was also filed, wherein an attachment was ordered and when the petitioners went for getting the attachment effected, the de facto complainant attacked the petitioners. In that regard, a complaint was given to the police and it was registered in Crime No.1056 of 2017 on the file of Dundigal Police Station. Copy of the said FIR is also filed before this court. 4.
The above fact would make it obvious that this complaint is a counter blast to the above suit, EP and the complaint given by the petitioners herein. From the nature of the allegations made in the complaint, this court opines that, prima facie, the offences alleged are not made out against these petitioners. Hence, this court is of the opinion that this is a fit case for granting anticipatory bail. 5.
Accordingly, the Criminal Petition is allowed. The petitioners/A1 and A2 are directed to surrender before the Station House Officer, Dundigal Police Station, Cyberabad 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.10,000/- (Rupees ten 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:
..2..
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;
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 VI Metropolitan Magistrate, Cyberabad at Medchal, Medchal District.
2. The SHO, Dundigal Police Station, Cyberabad, R.R.District.
3. Two CCs to the Public Prosecutor (TG), High Court, Hyd(OUT)
4. One CC to Sri Alluri Raghu Rama Aurava, Advocate(OPUC)
5. One spare copy.
SAH
HIGH COURT TRJ DATED: 19-01-2018
ORDER
CRL.P.NO. 209 OF 2018 ANTICIPATORY BAIL
DRAFTED BY: SAH APPROVED BY:
DRAFTED ON: 23-01-2018 HIGH COURT TRJ DATED: 19-01-2018
ORDER
CRL.P.NO. 209 OF 2018 ANTICIPATORY BAIL