S. Sagar v. The State Of Telangana

I [ 3158 ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

WEDNESDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY ONE rHE HoNouR;B[Et=rtli"E G sRr DEV, CRIMINAL PETITION NO: 1241 OF 2021 / Between:

S. Sagar, S/o. Nadipi Gangaram.

Petitioner/Accused AND The State of Telangana, through S.H.O., P.S. Jagtial Rural, Represented by Public Prosecutor, High Court at Hyderabad.

RespondenUComplainant Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the Criminal Petition, the High Court may be pleased to grant anticipatory bail to the petitioner by directing the S.H.O., P.S. Jagtial Rural, Jagtial District, or any arresting officer to enlarge the petitioner/Accused on bail in the event of his arrest in connection with Crime No. 457 ol 2020, of P.S. Jagtial Rural, Jagtial District, on such terms and conditions as this Hon'ble court may deem fit and proper in the interest of justice. The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri K VENUMADHAV, Advocate for the Petitioner, Addl. PUBLIC PROSECUTOR for the Respondent, the Court made the following.

ORDER:

HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION NO. i24t OF 2021 ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.), is filed by the petitioner/ accused, for grant of anticipatory bail in Crime No.457 of 2O2O of P.S. Jagtial (R) Jagtiat District, registered for the offence punishable under Section 306 ofthe Indian Penal Code. Heard the learned counsel for the petitioner/ accused, the learned Additional Public Prosecutor representing the respondentState and peruscd the record. The only allegation against the petitioner/ accused is that the petitioner has given a sum of Rs.4,00,000/ - as loan to the deceased for his personal needs. However, as the pt:titioner demanded to repay the loan amount, the deceased committed suicide.

Learned counsel for the petitioner/ accused would submit that the petitioner is an innocent person and never committed any offence as alleged by the respondent-poiice. It is further submitted that the petitioner is a law-abiding citizen and has nothing to do with the alleged offence. Further, he is ready to give sufficient sureties to the satisfaction of this Court to secure his presence on each and every clate of hearing to face the trial and also ready to abide by the terms and conditions if any that may be imposed bv this Court for his release. Hence, he prayed to grant anticipatory bail to the petitioner/ accused.

Learned Additional Public Prosecutor representing the respondent-State opposed to grant anticipatory bail to the petitioner/ accused.

As seen from the contents of the FIR, there are no specific allegations against the petitioner/accused that he instigated the deceased to commit suicide.

Having regard to the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner/ accused on some conditions.

Accordingly, the Criminal Petition is allowed and the petitioner/ accused is directed to surrender before the Station House Officer, Jagtial (R), Jagtial District, within a period of 15 days from the date of this order. On such surrender, the said Station House Officer shall release the petitioner/accused on bail, on their executing personal bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two sureties for a like sum each to his satisfaction. On such release, the petitioner/ accused shall appear before the investigating authorities on every Saturday between 10.00 am and 5.00 pm till completion of investigation and filing of charge sheet and shall also abide by the conditions stipulated in Section a38(2) Cr.P.C and co-operate with the investigating officer in investigating the case. Miscellaneous applications, if any, pending shall stand closed SD/. N. CHANDRASEKHARA RAO ASSISTANT REGISTRA //TRUE COPY// SECTION OFFICER

To,

1. The I Addl. Judicial First Class Magistrate at Jagtial.

2. The Station House Officer, P.S. Jagtial Rural, Jagtial District.

3. One CC to SRI K VENUMADHAV Advocate [OPUC]

4. Two CCs to PUBLIC PROSECUTOR, High Court at Hyderabad

5. One spare copy (ouT) m!

HIGH COURT GSD,J DATED:03103t2021

ORDER

CRLP.No.1241 of 2021 BA!L