M.Krishnamurthy Reddy v. State Of Ap.,
HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY, THE SEVENTH DAY OF FEBRUARY, TWO THOUSAND AND EIGHTEEN : PRESENT:
THE HON'BLE SMT JUSTICE T.RAJANI CRIMINAL PETITION No. 308 of 2018 Between:
M.Krishnamurthy Reddy @ M.Krishnamurthy, S/o. Govinda Reddy @ Govinda Modaliar Petitioner (Accused No.1 in Cr.No.92/2017 of Varadaiahpalem P.S., Chittoor Dist) AND The State of Andhra Pradesh, rep by its Public Prosecutor, High Court of Judicature at Hyderabad, for the State of Telangana and the State of Andhra Pradesh. 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 direct the Station House Officer, Varadaiahpalem Police Station, Chittoor District, to release the petitioner/accused No.1 on bail in the event of his arrest in connection with crime No. 92/2017 of Varadaiahpalem Police Station, Chittoor District. The Petition coming on for hearing, upon perusing the petition and the grounds filed herein and upon hearing the arguments of Sri D.Purna Chandra Reddy, Advocate for the Petitioner and of the Public Prosecutor (AP) for the Respondent, the Court made the following ORDER:
" This Criminal Petition is filed seeking for grant of anticipatory bail to the petitioner, who is accused No.1, in Crime No.92 of 2017 on the file of the Station House Officer, Varadaiahpalem Police Station, Chittoor District. The offences alleged are under Sections 447 and 379 of I.P.C. and Section 21(1)(4) of the Mines and Minerals (Development and Regulation) Act, 1957. 2.
Heard the learned counsel for the petitioner, learned Public Prosecutor appearing for the respondent-State, and perused the record. 3.
As per the case of the prosecution, petitioner is the owner of the vehicles in which red gravel was being transported. But, the learned counsel for the petitioner submits that this petitioner is not at all owner of the vehicles and the real owner has taken interim custody of the vehicles by filing appropriate petitions before the concerned Court.
4.
Hence, from the above, prima-facie, the case of the prosecution does not get support. Hence this Court opines that this is a fit case for grant of anticipatory bail to the petitioner. Accordingly, the Criminal Petition is allowed. The petitioner/accused is directed to surrender before the Station House Officer, Varadaiahpalem Police Station, Chittoor District, within 15 days from the date of this order. On such surrender, the petitioner/accused shall be released on bail on condition of his executing a personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties for a like sum to the satisfaction of the said Station House Officer. Further, on such release, the petitioner/accused shall abide by the conditions mentioned under Section 438(2) Cr.P.C., as under:
1) The petitioner shall make himself available for interrogation by a police officer as and when required;
2) 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; and
..2..
3) The petitioner 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 Judicial First Class Magistrate, Sathyavedu, Chittoor District.
2. The SHO, Varadaiahpalem Police Station, Chittoor District.
3. Two CCs to the Public Prosecutor (AP), High Court, Hyd(OUT)
4. One CC to Sri D.Purna Chandra Reddy, Advocate(OPUC)
5. One spare copy.
SAH
HIGH COURT TRJ DATED: 07-02-2018
ORDER
CRL.P.NO. 308 OF 2018 ANTICIPATORY BAIL
DRAFTED BY: SAH APPROVED BY:
DRAFTED ON: 08-02-2018 HIGH COURT TRJ DATED: 07-02-2018
ORDER
CRL.P.NO. 308 OF 2018 ANTICIPATORY BAIL