Khalid Bin Sulaiman Alabusani v. The State Of Telangana

t 26s1 l HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY, THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND NINETEEN :PRESENT:

THE HONOURABLE DR. JUSTICE SHAMEEM CRIMINAL PETITION NO: 219 OF 2019 Between:

'1 . Khalid Bin Sulaiman Alabusani, S/osulaiman Bin Abdullah

2. f ariqBin Sulaiman Alabusani, S/o Sulaiman Bin Abdullah A a b usan i,

3. Sulaiman Bin Abdullah Alabusani, S/o Abdullah Bin Saleem Alabusani, Petitioner/Accused Nos. 1 to 3 AND The State of Telangana, Rep.by its Public Prosecutor High Court at Hyderabad For State of Telangana.

Respondent Petition under Section 438 of Cr P.C, praying that in the circumstances stated in the affidavit filed in support of the C rim inalPetition, the High Court may be pleased to grant Anticipatory Bail to the Petitioners in Crime No.43B of 2018 ol PS Pahadishareef and the direct the Police Pahadishareef to release the Petitioners on bail in the event of their arrest in Crime No.438 of 2018 upon such terms and conditions as this Honble Court deems fit and proper in the crrcumstances of the case. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof upon hearing the arguments of A NAJEEB KHAN Advocate for the Petjtioners and the PUBLIC PROSECUTOR (TG) for the Respondent, the Court made the following.

ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by the petitioners/A.1 to A.3, for grant of anticipatory bail in Crime No.438 of 2018 of Pahadisharief Police Station, Rachakonda, registered for the offences punishable under Sections 342, 384, 324 read with 34 of lPC. 2.

Heard the learned counsel for the petitioners/A.1 to A.3, the learned Additional Public Prosecutor representing the res pon dent-State and perused the record.3.

The specific allegation against the petitioners/A.1 to A.3 is that the son of de facto complainant was called to the house of the petitioners on 06.12.2018 and he was beaten with stick and cable wire. On a report lodged by the father of the victim, this case was registered and is under investigation. 4.

ln the course of submissions it is brought to the notice of this Court that the petitioners/A.1 and A.2 are the students and the petitioner/A.3 is their father.

Learned Additional Public Prosecutor representing the respondenUState would contend that simple injuries were caused to the victim. No specific reason was mentioned for calling the victim to the house of the petitioners/A.1 to A.3 and beating hirn. The allegations made against the petitioners/A.'l to A.3 are not grave to deny bail under Section 438 of Cr.P.C. Moreover, the petitioners/A.1 andi A.2 are students. lf they are remanded to judicial custody, it would darken their future. Under these circumstances, the petitioners/A.1 to A.3 can be granted anticipatory bail under Section 438 Cr.P.C. on some conditions.

5.

Accordingly, the petitioners/A.1 to A.3 are directed to surrender before the Station House Officer, Pahadisharief Police Station, Rachakonda, within a period of 15 days from the date of this order. On such surrender, the said Station House Officer shall release the petitioners/A.1 to A.3, on each of the petitioner executing a personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties in a like sum each to his satisfaction. On such release, the petitioners/A.1 to A.3 shall report before the said Station House Officer, on every Sunday between 09:00 A.M. and 'l 1:00 A.M., till filing of the

charge sheet. The petitioners/A.1 to A.3 shall also abide by the conditions stipulated in Section 438(2) Cr.P.C., and shall cooperate with the investigation officer in investigating the case.

6.

The Criminal Petition is accordingly, allowed. r Miscellaneous petitions, if any, pending in this Criminal Petition, shall sta nd closed.

sd/- B.SA'IYAVA ISTA -t' Itli //TRUE COPY// For ASSIST T REGISTRAR To

1. lV Additional Metropolitan Sessions Judge, Ranga Reddy District at L.B.Nagar

2. Station House Officer, PS Pahadishareef, Ranga Reddy District

3. One CC to SRl. A NAJEEB KHAN Advocate [OPUC]

4. Two CCs to PUBLIC PROSECUTOR (TG) High Court of Telangana at Hyderabad IOUT]

5. One Spare Copy GR I I

, HIGH COURT DRSAJ DATED:30/0112019

ORDER

CRLP.No.219 of 2019 ANTICIPATORY BAIL