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High Court for State of TelanganaCRLP/1243/2021allowed no costs

Rangulla Shankar v. State Of Telangana

2021-02-26G Sri Devi5 pages

[ 3158 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAO FRIDAY, THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE :PRESENT:

THE HONOURABLE JUSTICE G SRI DEVI CRIMINAL PETITION NO: 1243 OF 2021 Between:

1 . Rangulla Shankar, S/o R. Gangram

2. M. Shravan Kumar, S/o Satyanaryna 3 Ramu Naik Lavudya Ram Nayak, S/o Lavudya Man Singh 4 Raghavendra Chary, 4S/o Adhimulam Kanchiah Chary

5. Sunny @ Vempula Sunny, S/o. V. Narshima

6. Kamal @ Kamalakar Kalikota, S/o Venkataiah

7. Shiva @ Mukkapudi Shiva, S/o M. Ramulu (A-7) (A-8) (A-20) (A-21) ( -221 (A-23) lA-241 . ..Petitioners/Accused Nos.7, 8, 20 to 24 AND State of Telangana, Rep. by its Public Prosecutor P.S, Jawaharnagar, Medchal Malkajgiri District, ln the High Court of Telangana. ...RespondenUComplainant Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to grant anticipatory bail to the Petitioners and direct the Police P.S Jawaharnagar to enlarge the petitioners on bail in connection with Cr.No.100512020 on the file of P.S Jawaharnagar Medchal-Malkajgiri District in the event of their arrest in the above case. The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of M/s N. AVANEESH Advocate for the Petitioners and of ADDL. PUBLIC PROSECUTOR for the Respondent, the Court made the following.

ORDER:

:IHE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.1243 OF 2O2L ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, L973 (for short, 'Cr.P.C'), is filed by the petitioners / accused Nos.7, 8, 20 to 24 for grant of anticipatory bail in the event of tht:ir arrest in connection with Crime No.1005 of 2O2O of Jawaharnagar Police Station, Rachakonda Commissionerate, registered for the offences punishable under Sections 307, 332, 333, 353 and 504 read with 34 I.P.C.

2.

Heard learned counsel for the petitioners/Accused Nos.7, 8, 20 to 24 and the learned Additional Public Prosecutor representing the respondent/ Sta te. Perused the record.

3.

Learned c:ounsel for the petitioners/ accused Nos.7, 8, 20 to 24 would submit d-rat the petitioners have not committed any offence as alleged by the prosecution; that the petitioners have no personal interest in the subject dispute, except extending political support and that the petitioners are ready to abide by any condition and ready to cooperate with the investigation; and ultimately, prayed this Court to grant anticipatory bail to the petitioners.

4.

On the other hand, learned Additional Public Prosecutor opposed the petition.

5.

As seen from the record, except general allegations, no specific allegation whatsoever has been attributed against these petitioners. Except stating that all the accused started sprinkling chilli powder on

) the complainant and prevented the police personnel from discharging their duty, there is no specific overt act against these petitioners. 6.

Thus, looking into nature of allegations levelled against the pe titioners / accu sed Nos.7, 8, 20 to 24 and considering the facts and circumstances of the case, without adverting to the merits of the case, I am inclined to grant anticipatory bail to the petitioners on some conditions.

7.

Accordingly, the petitioners/ accused Nos.7, 8, 20 to 24 are directed to surrender before the Station House Officer, Jawaharnagar Police Station, Rachakonda CommiSsionerate, within a period of 15 days from today. On such surrender, the Station House Officer, Jawaharnagar Police Station, Rachakonda Commissionerate, shall release the petitioners / accused Nos.7, 8, 20 to 24 on bail on their executing a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties for a like sum each to the satisfaction of the said Station House Officer. On such release, the petitioners / Accused Nos.7,8,20 to 24 sha1l attend before the said Station House Officer on every Saturday between 10:00 AM and 5:00 PM till completion of investigation and filing of charge sheet. Further, the petitioners / accused Nos.

7, 8, 20 to 24 shall not indulge in similar type of activities and shall not be found at the site situated in Survey No.432 of Jawagarnagar and also shall not obstruct the officials while discharging their lawful duties. If it is found that they are indulged in similar type of offences, liberty granted to them shall stand cancelled automatically and they have taken into custody forthwith.

r J I stipulated in Section 438 (2) Cr.p.C and co-operate with the Investigation Officer in investigating the case. i 8.

With this direction, the Criminal petition is allowed. Miscellaneous petitions, if any, pending shall stand closed. I Scl/- K.SHYLESHI ASSISTATIT REGISTRAR //TRUE COPY// SECTION OFFICER To,

1. The XXlll Metropc,litan Magistrate at Medchal Court, Cyberabad Medchal District.

2. The lV Additional Metropolitan Sessions Judge, Ranga Reddy District, at L.B Nagar.

3. The S.H-O., P.S Jawaharnagar, Rachakonda Commissionerate. 4 One CC to M/s. r.J. AVANEESH, Advocate [OPUC]

5. Two CCs to PUEILIC PROSECUTOR, High Court for the State of Telangana at Hyderabad [OUT],

6. One spare copy 7,EE I I

HIGH COURT GSDJ DATED:26/0212021

ORDER

CRLP.No.1243 of 2021 BAIL