Dondapati Srinath v. The State Of Telangana
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION No.954 of 2022
ORDER
This petition is filed under Section 438 of the Code of Criminal Procedure, 1973, seeking bail to the petitioners/A.1 and A.2 in the event of their arrest in connection with Crime No.25 of 2022 of Shahabad Police Station, Cyberabad District, registered for the offences punishable under Sections 120-B, 147, 148, 307, 341, 427, 506 read with Section 149 IPC. 2.
The case of prosecution is that the de-facto complainant lodged a complaint stating that on 24.01.2022 at about 11.00 hours, after completion of work, when she along with his friend were returning to Hyderabad from their village, on the way at Regadi Doswada Village, one verna car has overtaken their car, then five persons alighted from verna car and armed with stones, beer bottles and damaged the front and rear side glass, threatened with dire consequences and apprehending danger, they locked the car from inside, took reverse to their car and fled away. The verna car is not having number plate. Previously, she has disputes with one Kishore Reddy and he used to threaten them with dire consequences and he might have hired those persons.
3.
Learned Counsel for the petitioner Mr.S. Ram Reddy, submits that in the complaint, the de-facto complainant has stated that some people have attacked on their car, and according to her, she has disputes with one Kishore Reddy and at his behest, those people have attacked. Learned counsel has drawn the attention of this Court to the remand report of A3 to A7 and submits that the said Kishore Reddy is not at all arrayed as accused and alleged that the petitioners, at the behest of A3 to A6, have done the alleged offence as there were disputes between A2 and the de-facto complainant and that A1 is husband of A2. Learned counsel submits that absolutely there are
no allegations in the complaint against the petitioners and the story is set up by the prosecution. He further submits that there were disputes between A2 and L.W.1, who are sisters, and this incident has been turned to implicate the petitioners i..e, A1 and A2 in this case and hence, their case may be considered for grant of pre-arrest bail.
4.
On the other hand, learned Assistant Public Prosecutor submits that the investigation is pending and so far, 8 witnesses were examined and at this stage, the petitioners are not entitled for pre-arrest bail. 5.
Taking into consideration the allegations in the complaint, wherein it is stated that the de-facto complainant has suspicion that one Kishore Reddy might have attacked them and later, said Kishore Reddy is not even arrayed as accused. However, taking into consideration the civil disputes between the de-facto complainant and A2, who are none other than the sisters, this Court deems it appropriate to grant pre-arrest bail to the petitioners/A1 and A2.
6.
Accordingly, this Criminal Petition is allowed. Petitioners/A.1 and A.2 shall surrender before the Station House Officer, Shahabad Police Station, Cyberabad District, in connection with Crime No.25 of 2022 within one week from today and on such surrender and executing personal bonds for Rs.20,000/- (Rupees twenty thousand only) each with two sureties for a like sum each to the satisfaction of the said Station House Officer, they shall be released on bail. It is made clear that no further extension of time will be granted.
________________________ LALITHA KANNEGANTI, J 10th February, 2022 sj
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION No.954 of 2022 Date:10.02.2022 sj