Saklal Lakavath, Kharthik v. State Of Telangana
HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH MONDAY, THE TWENTY NINTH DAY OF JANUARY, TWO THOUSAND AND EIGHTEEN : PRESENT:
THE HON'BLE SMT JUSTICE T.RAJANI CRIMINAL PETITION No. 474 of 2018 Between:
Saklal Lakavath @ Kharthik, S/o. Bajja Naik Petitioner (Accused in Cr.No.449/2017 of Karimnagar II Town P.S.) AND The State of Telangana, rep by its Public Prosecutor, High Court at Hyderabad. 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 direct the Station House Officer (SHO), Karimnagar II Town Police Station, Karimnagar District to enlarge the petitioner/accused herein on bail, in the event of his arrest in relation with Crime No. 449 of 2017 on the file of the Karimnagar II Town Police Station, Karimnagar District. The Petition coming on for hearing, upon perusing the petition and the grounds filed herein and upon hearing the arguments of Sri Pottigari Sridhar Reddy, Advocate for the Petitioner 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 petitioner, who is accused, in Crime No.449 of 2017 on the file of Karimnagar II Police Station, Karimnagar District. The offences alleged are under Sections 448 and 354 IPC.
2.
Heard the counsel for the petitioner and the Public Prosecutor appearing for the respondent.
3.
The case of the prosecution is that the petitioner, who is a field officer, SBI, went to beauty parlour and misbehaved with the de facto complainant. 4.
Counsel for the petitioner submits that the petitioner visited the beauty parlour in pursuance of the loan application of the de facto complainant. The incident occurred on 21.09.2017 and the report was given only on 14.12.2017. There was a complaint by the petitioner against the husband of the de facto complainant that he visited the office and attacked on the petitioner and abused him. Apart from that, the certificate which was given by the Branch Manager dated 21.12.2017, shows that the petitioner was in the bank from 10.30 a.m to 6.00 p.m, during the hours in which he is alleged to have misbehaved with the de facto complainant.
5.
Considering the fact that there is abnormal delay in giving the present complaint and that prima facie, it appears that the petitioner was in the bank during those hours, this court opines that this is a fit case for granting anticipatory bail.
6.
Accordingly, the Criminal Petition is allowed. The petitioner is directed to surrender before the Station House Officer, Karimnagar II Town Police Station, Karimnagar District, within days from the date of this order.
On such surrender, the petitioner shall be released on bail on his executing personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum each to the satisfaction of the said Station House Officer. Further, on such release, the petitioner shall abide by the conditions mentioned under Section 438(2) Cr.P.C., as under: i) The petitioner shall make himself available for interrogation by a police officer as and when required.
..2..
ii) 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;
iii) 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 Additional Judicial Magistrate of First Class at Karimnagar.
2. The SHO, Karimnagar II Town Police Station, Karimnagar District.
3. Two CCs to the Public Prosecutor (TG), High Court, Hyd(OUT)
4. One CC to Sri Pottigari Sridhar Reddy, Advocate(OPUC)
5. One spare copy.
SAH
HIGH COURT TRJ DATED: 29-01-2018
ORDER
CRL.P.NO. 474 OF 2018 ANTICIPATORY BAIL
DRAFTED BY: SAH APPROVED BY:
DRAFTED ON: 31-01-2018 HIGH COURT TRJ DATED: 29-01-2018
ORDER
CRL.P.NO. 474 OF 2018 ANTICIPATORY BAIL