Kamlesh Balasaheb Dane , Kamlesh Tiwari v. The State Of Telangana
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE JUSTICE G SRI DEVI CRIMINAL PETITION NO: 668 OF 2021 Between:
Kamlesh Balasaheb Dane @ Kamlesh Tiwari, S/o Balasaheb AND ..PETITIONER/ACCUSED NO.4 State of Telangana, rep. by the Public Prosecutor ...RESPONDENT/COMPLAINANT Petition under Section 438 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to direct the Station House Officer, Adilabad-l Town, to release the petitioner on bail in the event of his arrest in connection with Crime No.27212020. This Petition coming on for hearing, upon perusing the ltrlemorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri.D, RAI\,4AKRISHNA, Advocate for the Petitioner and of the Additional Public Prosecutor (TG) on behalf of the Respondent.
The Court made the following: ORDER
HONOURABLE JUSTICE G. SRI DEVI CRIMIN PETITI N NO.6680F 2021 ORDER:
under Section 438 of the Code of This Criminal Petition, (Cr.P.C.), is filed bY the Criminal Procedure, 1973 petitioner/A-4, for grant of anticipatory bail in Crime No'272 of 2O2O of P.S. Adilabad I Town, Adilabad District' registered for the offences punishable under Sections 457 and 38O of the indian Penal Code.
HeardtheleamedcounselforthepetitiolerlA-4,thelearned Additional Public Prosecutor representing the respondent-state and perused the record'
In the FIR, it is inter alia stated that the de facto complainant gave a complaint on 08' 10'2020 at 20' 15 hours stating that the petitioner/A-4 and other accused stolen cigarette cartons and pan masala worth Rs.8,0O,000/ - at I.A. Traders ShoP, B' Ramulu Complex, BhuktaPur, Adilabad'
On 3 1 .1O.2O2O, during the patrolling duty, the Sl of Police along with staff arrested A-2 ' A-3 and A-5 and they have confessed to have committed the above offence along with A- 1 ancl the petitioner/A-4 Hence' the FIR' Learned counsel for the petitioner/A-4 would submit that the petitioner is innocent and he is no way concerned with the alieged offence. The petitioner/A-4 is a law-abiding citizen and is prepared to abide by any condition which this Court may deem fit to impose in case of granting anticipatory bail' Hence' he prayed to grant anticipatory bail to the petitioner/A-4'
Public Prosecutor representing the to grant anticipatory bail to the Learned Additional respondent- S tate opposed petitioner/A-4.
As seen from the contents of the FIR, there are specilic allegations against the petitioner lA-4 that he, along with other accused, has committed the abovementioned offences. Having regard to the facts and circumstances of the case, nature and gravity of the offence, this Court is not inclined to grant anticipatory bail to the petitioner/A-4 The Criminal Petition is, accordingly, dismissed. However, if the petitioner/A-4 surrenders before the competent Court within a period of fifteen days from today and applies for regular bail, the same shall be considered by the said Court, in accordance with Iaw.
Miscellaneous applications, if any, pending shall stand closed Sd/.I.NAGA LAKSHMI ASSISTANT REGIST-RAR ,TRUE COPY// \y'
\ SECTION OFFICER To The Sessions Judge, Adilabad.
The Judicial First Class Magistrate, Adilabad. The Station House Officer, Adilabad lTown Police Station, Adilabad. Two CCs to the Public Prosecutor (TG), High Court for the State of Telangana, Hyderabad (OUT) One CC to Sri D.Ramakrishna, Advocate (OPUC) Two CD Copies o.
Kj.
HIGH COURT DAIED:1210212021 BE SIA 14:
* ,1o 2 7 tEB 2021 io
ORDER
, * PsP,A-t c CRLP.No.668 of 2021 DISMISSING THE CRL.P, I hu