Vadithya Kishan, And Another v. The State Of Telangana

THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.1014 of 2020 ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by petitioners/A5 and A6, seeking to grant anticipatory bail to them in Cr.No.2 of 2020 on the file of Alladurg Police Station, Medak District, registered for the offences under Sections 147, 148, 307, 352, 427 read with Section 149 IPC. 2.

Heard learned counsel for the petitioners/A5 and A6, learned Additional Public Prosecutor representing the respondent-State and perused the record.

3.

The case of the prosecution is that on 04.01.2020 at about 6.00 PM., due to previous grudges, the petitioners along with the other accused formed themselves into an unlawful assembly and armed with sticks, stones, knives, axe and pistol, came to the house of the de-facto complainant and damaged his house and beat 8 persons with sticks resulting bleeding injuries. 4.

Learned counsel for the petitioners/A5 and A6 submits that the allegations leveled against the petitioners are all false, frivolous and concocted and that there was political rivalry between the parties and civil disputes are also pending between them. He further submits that the petitioners have never committed the alleged offences and their names have been falsely implicated in the crime. He further submits that the entire investigation is completed, except filing of charge sheet. He also submits that there are no criminal antecedents against the petitioners/A5 and A6 and that they shall

cooperate with the investigation and abide by any condition imposed by this Court.

5.

Learned Additional Public Prosecutor opposed the relief sought in the petition.

6.

As seen from the contents of FIR, there are specific allegations against the petitioners that the petitioners along with the other accused formed themselves into an unlawful assembly, armed with sticks, stones, knives, axe and pistol and damaged the house of the de-facto complainant and assaulted several people of their village, thereby some villagers sustained serious injuries and some others sustained simple injuries. Thus, in view of the nature of allegations leveled against the petitioners/A5 and A6 and their participation in the crime with deadly weapons, I am not inclined to grant anticipatory bail to them and their prayer for anticipatory bail is refused. However, if the petitioners/A5 and A6 surrender before the trial Court within 15 days from today and file an application for bail, the trial Court may consider the same in accordance with law. 7.

With the above directions, the Criminal Petition is dismissed. 8.

Miscellaneous applications, if any pending in this criminal petition, shall stand dismissed.

_____________ G. SRI DEVI, J 19th February, 2020 sj