V Nagi Reddy v. The State Of Telangana
HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY, THE TWENTY FOURTH DAY OF JANUARY, TWO THOUSAND AND EIGHTEEN PRESENT THE HON'BLE SMT JUSTICE T. RAJANI CRL.P.No. 385 of 2018 Between:
1. V. Nagi Reddy, S/o. Satti Reddy (A-2)
2. G. Anjireddy, s/o. Malla Reddy, (A-3)
3. K. Jeevan Kumar, S/o. Srinadha Reddy, (A-4)
4. Pisati Yedi Reddy, S/o. Malla Reddy, (A-5)
5. M.A. Waheed Khan, S/o. Razaqu Khan (A-6) Petitioners/Accused A-2 to A-6 AND The State of Telangana, rep. by its Public Prosecutor, High Court of Hyderabad for the state of Telangana, through the SHO, Chityal Police Station, Nalgonda District. Respondent/Complainant COUNSEL FOR THE PETITIONER: SRI. G. SIMHADRI COUNSEL FOR THE RESPONDENT : THE PUBLIC PROSECUTOR (TG) Petition under Section 438 of Cr.P.C., praying that in the circumstances stated in the memorandum of grounds filed herein, the High Court may be pleased to grant an anticipatory bail in the event of arrest of the petitioners/Accused in connection with FIR No.156 of 2016 of the S.H.O., Chityal Police Station, Nalgonda District. The Court made the following Order:
This petition is filed seeking for grant of anticipatory bail to the petitioners, who are A2 to A6, in Crime No.156 of 2016 on the file of Chityal Police Station, Nalgonda District. The offences alleged are under Sections 120B, 384, 420, 417 r/w 34 IPC.
2.
Heard the counsel for the petitioners and the Public Prosecutor appearing for the respondent.
3.
A perusal of the complaint shows that the complainant stated therein that the accused are Nayeem Bhai gang members, but, in the 161 statement recorded from the defacto complainant, he categorically states that none of the followers of Nayeem threatened them and when there were disputes with regard to the land, police called the victims of Nayeem to the police station and on the instructions of the police, they mentioned the name of the Nayeem. Hence, in view of the above, the entire case of the prosecution can be doubted.
4.
Hence, considering the above circumstances, this court opines that this is a fit case for granting anticipatory bail. 5.
Accordingly, the Criminal Petition is allowed. The petitioners are directed to surrender before the Station House Officer, Chityal Police Station, Nalgonda 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.20,000/- (Rupees twenty 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:
(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, miscellaneous petitions pending consideration, if any, in this case shall stand closed.
ASSISTANT REGISTRAR //TRUE COPY// for ASSISTANT REGISTRAR To
1. The Judicial First Class Magistrate at Ramannapet, Nalgonda District.
2. The Station House Officer, Chityal Police Station, Nalgonda District
3. Two CCs to Public Prosecutor (TG), High Court, Hyderabad (OUT)
4. One CC to Sri. G. Simhardi, Advocate (OPUC)
5. One Spare copy KK
HIGH COURT TRJ DT. 24-1-2018 BAIL ORDER CRL.P.NO. 385 OF 2018 DIRECTION
Drafted by: KK Drafted on: 25-1-2018 HIGH COURT TRJ DT. 24-1-2018 BAIL ORDER CRL.P.NO. 385 OF 2018 DIRECTION