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High Court for State of TelanganaCRLP/914/2018allowed no costs

Geddada Karthikumar v. The State Of Andhara Pradesh

2018-02-06T. Rajani4 pages

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

THE HON'BLE SMT JUSTICE T.RAJANI CRIMINAL PETITION No. 914 of 2018 Between:

Geddada Karthik Kumar, S/o. Sri Brahmaji Rao Petitioner (Accused No.1 in Cr.No.499/2017 of P.M.Palem P.S., Visakhapatnam) AND State of Andhra Pradesh, rep. by its Public Prosecutor, High Court at Hyderabad - 500 066, through its SHO, P.M.Palem P.S., Visahapatnam. Respondent/Complainant Petition under Section 438 of Cr.P.C. praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to grant Anticipatory bail to the Petitioner/A1 in the event of his arrest in connection with FIR.No. 499 of 2017 of P.M.Palem P.S., Visakhapatnam.

The Petition coming on for hearing, upon perusing the petition and the grounds filed herein and upon hearing the arguments of Sri Deepak Misra, Advocate for the Petitioner and of the Public Prosecutor (AP) for the Respondent, the Court made the following ORDER:

" This petition is filed seeking for grant of anticipatory bail to the petitioner, who is A1, in Crime No.499 of 2017 on the file of P.M.Palem Police Station, Visakhapatnam. The offences alleged are under Section 306 IPC. 2.

Heard the counsel for the petitioner and the Public Prosecutor appearing for the respondent.

3.

The public prosecutor brings to the notice of this Court, the fact that earlier the anticipatory bail petition filed by this petitioner was dismissed, by considering the merits of the case and the copy of the order is also furnished, a perusal of which shows that the court considered the merits and dismissed the case. But there is also an observation that the matter requires thorough investigation. Now, the investigation, as undisputed by the public prosecutor, is completed and fourteen witnesses were examined.

4.

Hence, considering the above circumstances, this court opines that this is a fit case for granting anticipatory bail.

5.

Accordingly, the Criminal Petition is allowed. The petitioner is directed to surrender before the Station House Officer, P.M.Palem Police Station, Visakhapatnam, within 15 days from the date of this order. On such surrender, the petitioner shall be released on bail on executing a personal bond for a sum of Rs.20,000/- (Rupees twenty thousand only) with two sureties each for a like sum each to the satisfaction of the said Station House Officer. Further, on such release, the petitioner shall abide by the conditions mentioned under Section 438(2) Cr.P.C., as under:

(i) The petitioner shall make himself available for interrogation by a police officer as and when required.

(ii) 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;

..2..

(iii) The petitioner shall not leave India without the previous permission of the Court.

As a sequel, miscellaneous petitions pending consideration, if any, in this case shall stand closed."

ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To

1. The VII Additional Metropolitan Magistrate, Bheemunipatnam, Visakhapatnam.

2. The SHO, P.M.Palem Police Station, Visakhapatnam.

3. Two CCs to the Public Prosecutor (AP), High Court, Hyd(OUT)

4. One CC to Sri Deepak Misra, Advocate(OPUC)

5. One spare copy.

SAH

HIGH COURT TRJ DATED: 06-02-2018

ORDER

CRL.P.NO. 914 OF 2018 ANTICIPATORY BAIL

DRAFTED BY: SAH APPROVED BY:

DRAFTED ON: 07-02-2018 HIGH COURT TRJ DATED: 06-02-2018

ORDER

CRL.P.NO. 914 OF 2018 ANTICIPATORY BAIL