N. Bala Krishna v. The State Of Telangana

2691 l t HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE FIFTH DAY OF FEBRUARY T\!O THOUSAND AND NII{TEEN .\ 'i,E Sl4 6 ll :PRESENT:

THE HONOURABLE DR. JUSTICE SHAMEEM AKTHER CRLP NO: 381 OF 2019 Betweenl N. Bala Krishna S/o. Bala Raju.

Petitione r/Accused z 6) Yi) AND The State of Telangana, Through Station House Officer, Meerpet Police Station, Ranga Reddy District, Rep. by Public Prosecutor, High Court at Hyderabad. Res ponde nt/ co m p la ina nt Petition under Sectlon 438 of Cr.P.C. praying that in the circumstances stated in the petition filed herein, the High Court may be pleased to enlarge Anticipatory Ball to the petitioner herein in the event of arrest in connection with FIR No. 17 of 2019 dt. 09/07/2019 of Meerpet Police Station, Ranga Reddy District. The petition coming on for hearing, upon peruslng the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri P VENKATESWAR RAO Advocate for the Petitioner and of Additional Public Prosecutor for the respondent, the Court made the following.

ORDER

This Criminal Petition, under Section 438 cif the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.'), is filed by the petitioner/accused No.l for grant of anticipatory bail in the event of his arrest in Crime No,17 of 2019 of Meerpet Police Station, Rachakonda, registered for the offences punishable under Section 5o4 I.P.C. and Section 3 (2) (va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

2.

Heard learned counsel for the petitioner/accused No.1 and the learned Additional Public Prosecutor representing the respondent/State. Perused the record, 3.

As per the report, dated 09,O1.2019, lodged by the de facto complainant, the offence is alleged to have taken place on O7.O1.2O19 at about 1O:3O PM, In the said report, it is mentioned that the petitioner/accused No.1 went to the f lat of the de facto complainant and abused him in the name of his Caste.

4.

In the course of submissions, it is brought to the notice of the Court that the de facto complainant and his family members have abused and threatened the petitioner/ accused No.1 on 07.O1.2019 and on the same day itself, the petitioner/ accused No.1 lodged a report with the police and basing on his report, a case in Crime No.21 of 2019 of Meerpet Police Station was registered for the offences punishable under Sections 504 and 506 LP.C. against the de facto complainant and another,

5. The truth or otherwise of the alleged incident is required to be established either in the further investigation or in the trial of the case. Under these circumstances, the petitioner/ accused can be enlarged on bail under Section 438 Cr.P.C. on some conditions. 6.

In the result, the petitioner/accused is directed to surrender before the Station House Officer, Meerpet Police Station, Rachakonda, within a period of 15 days from the date of this order. On such surrender, the Station House Officer, Meerpet Police Station, shall release the petitioner/accused No.1 on bail on his executing a personal bond for a sum of Rs.1O,0O0/- (Rupees ten thousand only) with two sureties in a like sum

each to the satisfaction of the said Station House Officer. On such release, the petitioner/accused No.1 shall attend before the said Station House Officer on every Sunday between tO:OO AM and 11:OO AM till filing of the charge sheet and shall abide by the conditions mentioned in Section 438(2) Cr.P.C. and co-operate with the Investigation Officer in investigating the case.

7, Accordingly, the Criminal Petition is allowed. Miscellaneous Petitions, if any, pending in this Criminal Petition shall stand closed, l i Sd/- N.PURUSHOTHA DDY //rRUE COPY// ASSIST RE R*dR For ASSI To,

1. The II Metropolitan N4agistrate, P.achakonda at L.B.Nagar, Ranga Reddy District

2. The Station House Officer, fvleerpet Police Station, Rachakonda

3. Two CCs to the Public Prosecutor, High Court at Hyderabad (OUT)

4. One CC to SRI. P VENKATESWAR RAO Advocate [OPUC]

5. One spare copy REGISTRAR

.,) HIGH COURT DR.SA,J DATED:o5l02/2OL9 T .$ > \s \s .-u ^* o.

;,.,) \ t)

ORDER

!iCRLP.No.381 of 2O19 BAIL