Jupally Karunakar v. The State Of Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

TUESDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY :PRESENT:

THE HONOURABLE JUSTICE G SRI DEVI CRL.P. NO: 1405 OF 2O2O Between I Jupally Karunakar, s/o l. Sath a ia h Petitio ne r/Accused No.2 AND The State of Telangana, through S.H.O. Jawaharnagar Police Station, Rachakonda, rep by its Public Prosecutor, High Court Hyderabad. ,.- ..... Respondent/Complainant Petition under Section 438 of Cr.P.C. praying that in the circumstances stated in the petitron'filed herein, the High Court may be pleased to enlarge the petitioner herein on bail in the event of his arrest in connection with FIR.No.968 of 2019 of Jawaharnagar Police Station, Rachakonda, R, R. District.

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 Ravikanth, Advocate for the Petitioner, and of Additional Public Prosecutor for the respondent, the Court made the following. _

ORDER

THE HONOURABLE JUSTICE G. SRI DEVI Ia CRIMINAL PETITION No.1405 of 2020 ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, '1 973, is filed by petitioner/A2, seeking to grant anticipatory bail to him in Crime No.968 ot 2019 on the file of Jawaharnagar Police Station, Rachakonda District, registered for the offences under Sections 448, 427,307 read with Section 34 lPC. 2.

Heard learned counsel for the petitioner/A2, learned Additional Public Prosecutor representing the respondent-State and perused the record 3.

lt is alleged in the complaint that on 30.12.2019 at 1800 hours, due to previous enmity, all the accused had criminally trespassed into the shop of the de-facto complainant, beat him with iron punch and also with knife resulting bleeding injuries on his head and mouth and they also damaged xerox machine, computers and glass of internet shop and threatened to kill him.

4.

Learned counsel for the petitioner/A2 submits that the petitioner/A2 is innocent of the alleged offences and he has not committed any offence as alleged and he has been falsely implicated in the crime. He further submits that there were disputes between A1 and the de-facto complainant and that the petitioner/A2 being friend of 41 tried to pacify the issue and he never beat the defacto complainant. He further submits that the petitioner is a law abiding citizen and he is ready to furnish sufficient sureties to the I

I t satisfaction of the Court and he shall abide by any condition imposed by this Court.

5.

Learned Additional Public Prosecutor opposed to grant anticipatory bail to the petitioner/A2, but conceded to the fact that the injuries sustained by the de-facto complainant are simple in nature. 6.

ln view of the nature of allegations leveled against the petitioner/A2 and other facts and circumstances, without adverting to the merits of the matter, I am inclined to grant anticipatory bail to him, by imposing some conditions.

7.

Accordingly, the Criminal Petition is allowed and the petitioner/A2 is directed to surrender before the Station House Officer, Jawahar Nagar Police Station, Rachakonda District, within a period of 1 5 days from the date of this order. On such surrender, the said Station House Officer shall release the petitioner/A2 on bail on his executing a personal bond for a sum of Rs.10,0001 (Rupees ten thousand only) with two sureties for a like sum each to his satisfaction. Further, the petitioner/A2 shall abide by the conditions stipulated in Section 438(2) Cr.P.C and co-operate with the investigating officer in investigating the case. 8.

Miscellaneous applications, if any pending in this criminal petition, shall stand closed.

\ sd/- K'

ASSIST ,arPrrR ry,na I S N OFFICER //TRUE coPY// I \

To

1. The IIl Addl. District & Sessions Judge-cum-Addl. Metropolitan Sessions Judge, Cyberabad at L.B.Nagar, Ranga Reddy District

2. The-XXIII l\4etropolitan Magiitrate, MLdchal .-

3. The Station House Offlcer, Jawaharnagar Police Station, Rachakonda, R. R. D rstfl ct.

4. Two CCs to the Public Prosecutor, High Court at Hyderabad (OUT) 5, One CC to Srl K Ravikanth, Advocate (OPUC) 6, One spare copy.

HIGH COURT GSD,J DATED:10.03,2020 ORDER:

CRLP. NO: 14O5 of 2O2O .a;1 CIAL C "J\ t l iAnm ,'

q * BAIL ;)'