Chetti Sudhakar v. The State Of Telangana
HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH TUESDAY, THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND EIGHTEEN :PRESENT:
THE HON'BLE SMT JUSTICE T. RAJANI CRLP .NO:577 of 2018 Between:
C. Lakshmikantha Reddy S/o Thimma Reddy ..... Petitioners/Accused No. 2 AND The Station House Officer, Kosigi Excise P.S., at Kurnool District and State of A.P. rep by Public Prosecutor, High Court of Judicature at Hyderabad .....Respondent/Complainant Petition under Section 438 of Cr.P.C praying that the High Court may be pleased to enlarge the petitioner/Accused No.2 on bail in the event of his arrest in connection with Crime No. 138 of 2017 on the file of Station House Officer, Kosigi Excise P.S., Kurnool District The petition coming on for hearing, upon perusing the Petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of SRI B. SIVA KESAVA REDDY Advocate for the Petitioner, The Public Prosecutor for the Respondent and the Court made the following.
This Criminal Petition is filed by the petitioner under section 438 Cr.P.C., seeking grant of anticipatory bail to the petitioner, who are A-2 in Crime No. 138 of 2017 of Kosigi Excise Station, Kurnool district, registered for the offences punishable under section 36 [1] (b & c) of A.P. Excise Act, 1968.
2. Heard the learned counsel for the petitioner/A2 and the learned Additional Public Prosecutor appearing on behalf of the respondent/State.
3. A perusal of the report and F.I.R. in Crime No. 138 of 2017 of Kosigi Excise Station shows that it is A-1, who committed the offence in order to earn more money, not being satisfied with the salary given by A-2. No knowledge imputed to A-2.
4. Considering that there is no role of the petitioner/A-2 in the alleged offence, this Criminal Petition is allowed and the petitioner/A-2 is directed to be enlarged on bail in the event of his arrest in Crime No. 138 of 2017 of Kosigi Excise Station, Kurnool district, on his executing a personal bond for Rs.10,000/- [Rs. Ten Thousand only] with two sureties for the like sum each to the satisfaction of Station House Officer, Kosigi Excise Police Station, Kurnool district.
5. Further, on such release, the petitioner/A2 shall abide by the conditions enunciated under Section 438 (2) Cr.P.C., which are as hereunder:
i) The petitioner shall make themselves available for interrogation by a Police Officer as and when required ;
ii) The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the Court or to any Police Officer ; and iii) The petitioner shall not leave India without the previous permission of the Court.
6. As a sequel, miscellaneous petitions if any, pending in this Criminal Petition shall stand closed.
Sd/- A.SURYA PRAKASH RAO ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To
1. The II Additional Sessions Judge, Kurnool, Adoni
2. The Station House Officer, Kosigi Excise Police Station, Kurnool District
3. One CC to SRI B. SIVA KESAVA REDDY, Advocate (OPUC)
4. Two CC's to Public Prosecutor, High Court of Judicature at Hyderabad (OUT)
5. One Spare copy Avs
HIGH COURT TRJ DATED: 30.01.2018 CRLP NO. 577 OF 2018 BAIL
Avs Dated: 31.01.2018 HIGH COURT TRJ DATED: 30.01.2018 CRLP NO. 577 OF 2018 BAIL