Bodas , Manala Narsaiah v. State Of Telangana

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND STATE OF ANDHRA PRADESH THURSDAY, THE FIRST DAY OF FEBRUARY TWO THOUSAND AND EIGHTEEN :PRESENT:

THE HON'BLE SMT JUSTICE T. RAJANI CRIMINAL PETITION NO: 766 OF 2018 Between:

Bodas @ Manala Narsaiah, S/o Bodas Narsaiah, Aged about 33 years, Occ: Agriculture, R/o H.No. 7-46, Main Road, Sirikonda, Chintlakunta Village, Kathalapur Mandal, Jagtial District. Petitioner/Accused No.3 AND The State of Telangana, rep. by its Public Prosecutor, High Court of Judicature at Hyderabad, for the State of Telangana and the A.P., through Station House Officer, Kathalapur Police Station, Jagtial District.

Respondent Petition under Section 438 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 on bail in the event of their arrest in connection with FIR. No. 4 of 2018 date 10-01-2018 on the file of Kathalapur Police Station, Jagtial District, for offence under Section 324 IPC and Section 3 (i) (c) (s) of SC and ST (POA) Act 2015;

Counsel for the Petitioner :

SRI SYED KHADER MASTAN Counsel for the Respondent :

PUBLIC PROSECUTOR, (TS) The Court made the following Order:

"This Criminal Petition is filed seeking for grant of anticipatory bail to the petitioner, who is accused No.3, in Crime No.4 of 2018 on the file of the Station House Officer, Kathalapur Police Station, Jagtial District. The offences alleged are under Section 324 R/w.34 of I.P.C. and Section 3(i)(c)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. 2.

Heard the learned counsel for the petitioner, learned Public Prosecutor appearing for the respondent-State, and perused the record. 3.

Learned counsel for the petitioner submits that accused No.1, against whom the allegation is that he abused the de-facto complainant touching the name of her caste, was granted anticipatory bail by virtue of the orders of this Court in Criminal Petition No.587 of 2018 and the case of the petitioner stands on the same footing as that of the accused No.1. Hence this Court opines that this is a fit case for grant of anticipatory bail to the petitioner.

4.

Accordingly, the Criminal Petition is allowed. The petitioner/accused No.3 is directed to surrender before the Station House Officer, Kathalapur Police Station, Jagtial District, within 15 days from the date of this order. On such surrender, the petitioner/accused No.3 shall be released on bail on his executing personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties for a like sum each to the satisfaction of the said Station House Officer. Further, on such release, the petitioner/accused No.3 shall abide by the conditions mentioned under Section 438(2) Cr.P.C., as under:

1) The petitioner shall make himself available for interrogation by a police officer as and when required;

2) 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; and

3) 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 Judicial First Class Magistrate, Korutla, Karimnagar District.

2. The Station House officer, Kathalapur Police Station, Jagtial District.

3. Two CCs to Public Prosecutor, (TS), High Court of Judicature, at Hyderabad (OUT)

4. one CC to Sri Syed Khader Mastan, Advocate (OPUC)

5. one Spare Copy

HIGH COURT TR,J DATE:01-2-2018

ORDER

CRL.P. NO. 766 OF 2018 DIRECTION