Bandi Sanjay Kumar v. The State Of Telangana

HONOURABLE SRI JUSTICE UJJAL BHUYAN Crl.P.No.637 of 2022 ORDER:

Heard Mr. N.Ramachandra Rao, learned Senior Counsel appearing on behalf of Mr. P.Shashi Kiran, learned counsel for the petitioner/accused No.20, and Mr. C.Pratap Reddy, learned Public Prosecutor for the respondent/State of Telangana. 2.

This is an application under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.) for grant of anticipatory bail to the petitioner/accused No.20 in connection with Crime No.20 of 2021 registered before Mattampally Police Station under Sections 143, 144, 147, 148, 332, 333 r/w Section 149 of the Indian Penal Code, 1860 (IPC) as well as Section 7(1) of the Criminal Law (Amendment) Act, 1986. 3.

The complaint is dated 07.02.2021 as per which, petitioner along with about hundred persons formed into an unlawful assembly and tried to enter into the land, which is in dispute between Glade Bio Tech Company and the local tribal people. When the police tried to prevent the petitioner and others from proceeding further, they were pushed around, which resulted in injuries to some of the police personnel. 4.

On a query by this Court as to why petitioner did not file the application for anticipatory bail earlier, learned Senior Counsel for the petitioner submits that earlier, petitioner being an elected Member of Parliament was busy with the parliamentary sessions and was also suffering from COVID. That apart, he did not apprehend any threat of

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arrest at that point of time. Now, because of political reasons, all old cases involving the petitioner are being revived and petitioner is sought to be harassed. He further submits that petitioner had moved for anticipatory bail before the VIII Additional Sessions Judge, Miryalguda, but by order dated 18.01.2022, prayer of the petitioner for anticipatory bail was rejected.

5.

Learned counsel for the petitioner submits that three of the persons, named as accused in the First Information, viz., Jillepally Venkateshwarlu, Jatothu Hussain Naik and Anugu Rakesh Reddy have been granted anticipatory bail by this Court on 01.07.2021 in Crl.P.No.4726 of 2021; besides several of those arrested have also been granted bail subsequently.

6.

On a query by the Court as to whether learned Public Prosecutor would like to obtain instructions or obtain the case diary, he submits that petitioner has placed on record all the relevant documents. 7.

After hearing learned counsel for the parties and on going through the materials on record including the order of this Court dated 01.07.2021 in Crl.P.No.4726 of 2021, granting anticipatory bail to three of the accused persons, I am of the view that present is a fit case for granting anticipatory bail to the petitioner. 8.

Accordingly, it is directed that in the event of arrest of the petitioner/accused No.20 in connection with the aforesaid Crime No.20 of 2021 registered before the Mattampally Police Station by the police,

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he shall be released on bail on his furnishing personal bond for a sum of Rs.25,000/- with two sureties for a likesum each to the satisfaction of the Station House Officer of Mattampally Police Station.

Petitioner/accused No.20 shall cooperate with the investigation of the case; refrain from influencing any of the witnesses and shall appear before the concerned investigating officer as and when required. 9.

Criminal Petition is, accordingly, disposed of. ____________________ UJJAL BHUYAN , J Date: 31.01.2022.

LUR