Kusuma Sharath , Sharath Babu v. The State Of Telangana

HON'BLE Dr. JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION No.1388 of 2023 ORDER:

1.

This Criminal Petition is filed under Section 439 Cr.P.C. seeking the Court to enlarge the petitioner, who is arrayed as Accused No.1 in Crime No.191 of 2022 of Shayampet Police Station, Hanumakonda District, on bail. 2.

Heard Sri Ajay Kumar Madisetty, learned counsel on record for the petitioner as well as the learned Additional Public Prosecutor who is representing the RespondentState. 3.

Making his submission, learned counsel for the petitioner states that the petitioner did not commit any offences, whatsoever, more so the offence punishable under Section 306 IPC. Learned counsel further submits that the petitioner is in judicial custody since 04.01.2023 and as the entire investigation is completed, he may be enlarged on bail.

4.

On the other hand, the submission of the learned Additional Public Prosecutor is that the petitioner abetted and instigated the deceased-Suresh to commit suicide and

therefore, he died. Learned Additional Public Prosecutor submitted that fifteen witnesses were examined till now. Thus, by the submissions made, it is clear that the petitioner is in judicial custody since more than amonth and that the material part of investigation is comppleted. Having considered the said facts, this Court is of the view that the request of the petitioner can be honoured, however, conditionally.

7.

Resultantly, the Criminal Petition is allowed with the following conditions:- (i) The petitioner/Accused No.1 shall be enlarged on bail on his executing a personal bond for Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for like-sum each to the satisfaction of the Court concerned. The sureties are directed to submit their two latest passport size photographs at the time of furnishing solvency. One such photograph is ordered to be pasted in the Surety Register against the name of the surety. The other photograph shall be kept in the case record concerned.

(ii) The petitioner/Accused No.1 shall report before the Station House Officer, Shayampet Police Station on every Monday between 10.30 AM and 12.00 PM till filing of final report.

(iii) The petitioner/Accused No.1 should not involve in any unlawful activity.

(iv) The petitioner/Accused No.1 should afford all assistance for the proper investigation of the case.

(v) The petitioner/Accused No.1 should not cause the evidence of the offence disappear.

(vi) The petitioner/Accused No.1 should not tamper with the evidence in any manner.

(vii) The petitioner/Accused No.1 should not by way of inducement, threat or promise, dissuade any person who is acquainted with the facts of the case, from disclosing such facts to the Court or to the Police Officer.

(viii) In case the petitioner/Accused No.1 holds a passport, he shall surrender the same if the same is not seized till now.

(ix) The petitioner/Accused No.1 should ensure his presence whenever required by the Court or Police.

(x) The petitioner/Accused No.1 shall not leave India without previous permission of the court concerned. (xi)The petitioner/Accused No.1 shall file an affidavit before the Court concerned disclosing the following particulars:-

(1) Contact number

(2) Mail address

(3) Residential particulars.

In case, there is any change in the aforementioned details, the petitioner shall intimate the Court concerned by giving a fresh affidavit duly mentioning the change. He shall continue to do so till filing of the final report.

Any deviation of the above conditions would entitle the respondent to take appropriate steps for cancellation of the bail granted.

________________________________________ Dr. JUSTICE CHILLAKUR SUMALATHA Date:17.02.2023 ysk

HON'BLE Dr. JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION No.1388 of 2023 Date:17.02.2023 ysk