Thota A Ramancha Aditya v. The State Of Telangana

I ft #v HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE TWENTY SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY :PRESENT:

THE HON'BLE JUSTICE G.SRI DEVI CRIMINAL PETITION NO: 808 OF 2020 Between:

1. Thota @ Ramancha Aditya, Wo. Raghuveeru,

2. Thota Raghuveeru, S/o Rajaiah, Petitioners/Accused Nos.l & 2 AND The State ofTelangana, Rep. by its Public Prosecutor, High Court at Hyderabad Respondent/Complainant Petition under Sections 437 & 439 of Cr.P.C, praying that in the circumstances stated in the petition and the grounds filed herein, the High Court may be pleased to enlarge the petitioners/Accused No.1 and 2 on bail in FIR. No.66 of 2019 on the file of Police Station Kamalapur, Warangal Urban District.

,-- Counsel for the Petitioners :

SRI B.RAKESH KUMAR Counsel for the Respondent ADDL. PUBLIC PROSECUTOR The Court made the following;

s HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION NO.808 0F 2020 ORDER:

The petitioners/A- 1 and A-2 filed the present Criminal Petition under Sections 437 and 439 of the Code of Criminal Procedure seeking to grant bail to them in Crime No.66 of 2019 of P.S. Kamalapur, Warangal District, which rvas registered for the offences punishable under Sections 448 and 3O6 read with Section 34 of the Indian Penal Code.

The allegation against the petitioners/A- 1 and A-2 is that on 26.04,2019 the complainant lodged a complaint stating that A- 1 to A-4 are harassing his wife, the deceased by name Ramancha Swarupa, to give an amount of Rs.2O,000/- obtained by them under Kalyana Laxmi Scheme, that A- 1 to A-4 trespassed into the complainant's house and abused her in filthy language as to why she is living on the Earth and abetted her to die by consuming poison and on that she consumed some pesticide, due to which she died on 25.04.2079 at 12.15 hours while undergoing treatment.

Learned Additional Public Prosecutor opposed to grant bail to the petitioners/A- 1 and A-2.

Learned counsel for the petitioners/A- 1 and A-2 submits that there is no prima facie case made out against the petitioners. The petitioners are the permanent residents of the addresses mentioned in the cause title having hxed abode for their livelihood. The petitioners deny all the allegations levelled

& against them in the complaint. It is further submitted that they did not commit any offence as alleged and a false case has been foisted against the petitioners. The petitioners are ready and willing to offer sufficient sureties for their due appearance before the trial Court or any other Court or authority as and when it is directed. Hence, it is prayed to consider the petitioners' application for bail.

Looking into the facts and circumstances of the case and taking into consideration the gravity of the offence alleged and since the material witnesses have already been examined and the petitioners/A-1 and A-2 have been languishing in jail since the last two months, I am inclined to grant bail to the petitioners/A- 1 and A-2.

The Criminal Petition is allowed and the petitioners/A- 1 and A-2 shall be released on bail on the following terms and conditions:

(il That the petitioners/A-1 and A-2 shal1 execute a personal bond for Rs.25,000/- (Rupees twenty five thousand only) each with two sureties for a like sum each to the satisfaction of the II Additional Judicial Magistrate ol First Class, Huzurabad.

(ii) that the petitioners/A-l and A-2 shall not tamper with the prosecution witnesses;

(iii) that the petitioners/A-l and A-2 shall co-operate with the investigating agency.

(iv) that the petitioners/A-l and A-2 shall not misuse the liberty granted to them.

(u) That the petitioners/A- 1 and A-2 shall personally appear before the Station House Officer concerned on every Saturday between 10 am and 5 pm till

& completion of investigation and submission of final report and thereafter shall appear before the Court below on each and every adjournment till the conclusion of trial.

Miscellaneous applications pending, if any, shall stand closed.

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SD/- T. RANGA, BABU ',ISSISTA,NT R.EGISTR.AII //TRUE COPY// SECTION OFFICER T0 The Judicial First Class Magistrate, Huzurabad, Warangal. The II Addl. Judicial Magistrate of First Class, Huzurabad, Warangal. The Station House Officer, Kamalapur Police Station, Warangal Urban District. The Superintendent, District Jail, Karimnagar. Two CCs to Public Prosecutor, High Court ofTelangana, at Hyderabad (OUT) one CC to Sri B.Rakesh Kumar, Advocate (OPUC) One Spare copy J ,7 \ t._

T HIGH COUITT GSD,J DATEI 2T-02-2020

ORDER

CRI.P. NO.808 ()F 2020 BAIL il\ {tl 7t .s $f