Azmeera Gopi And Another v. The State Of Telangana

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IN THE HIGH COURT FORTHE STATE OFTELANGANA

AT HYDERABAD MONDAY, THE FIF'TEENTH DAY OF MARCH TWO THOUSAND AND TWENTY ONE :PRESENT:

THE HON'BLE JUSTICE G.SRI DEVI CRIMINAL PETITION NO: 1779 OF 2021 Bctlyccn:

l. Azmeera Gopi S/o. Basu,

2. Bhukya Ravi, S/o. Soml4 PetitionersiAccused No.4 & 6 A\I) The State ofTelangan4 rep. by State, Public Prosecutor, High Court of Telangana, at Hyderabad, through PS Khammam Rural, I(hammam District. Respondent/Complai nant Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the petition and the grounds filed therein, the High Court may be pleased to enlarge the petitioners/Accused No. 4 & 6 on bail in the event of their arrest in connection with the Crime No. 3 I ol202l on the file of Police Station Khammam Rural, Khammam District; The petition coming on for hearing, upon perusing the petition and the grounds filed therein. and upon hearing the arguments of Sri Mummaneni Srinivasa Rao, Advocate for the Petitioners, and of the Asst. Public Prosecutor, for the Respondent, the Court made the lollowing.

THE HONOURABLE JUSTICE G. SRI DEVI d CRIMINAL PETITION No.17 of 2O21 SDEB:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by the petitionerslA4 and 46 seeking to grant anticipatory bail in the event of their arrest in Cr.No.31 of 2021 on the file of Khammam Rural Police Station, Khammam District, registered for the offences punishable under Sections 147, 148, 294-8, 324, 307, 506 read with Section 149 lPC.

2.

Heard learned counsel for the petitioners/A4 and A6, learned Assistant Public Prosecutor appearing for the respondent-State and perused the record.

3.

Learned counsel for the petitioners/A4 and A6 would submit that the present complaint is filed falsely in order to grab the land based on the false documents and that there is no iota of truth in the contents of the complaint. He further submits that there are civil disputes between lhe parties and in fact, the de-facto complainant and his henchmen had attacked A1's landlord, by name, Thatiwesle on 21 .01 .2021 at 9.00 AM in respect of the disputed well and a case in Cr.No.36 of 2021 was also registered on 23.01.2021 . He further submits that no in1ury certificate is produced by the police regarding the treatment underuyent by the deJacto complainant and the nature of injuries sustained by him. He also submits that the petitioners are law abiding citizens and they are ready to abide by any condition that may be imposed by this Court in the event of their enlargement on anticipatory bail.

4.

Learned Assistant Public Prosecutor vehemently opposed to grant anticipatory bail to petitioners, but conceded to the fact that as per the \

injury certificates, the injuries sustained by L.Ws.2 to 4 are simple in nature.

5.

Having regard to the facts and circumstances of the case and in view of the nature of injuries sustained by L.Ws.2 to 4 and since there is no specific role attributed to the accused that who inflicted those injuries on which person of the prosecution witnesses, I am inclined to grant anticipatory bail to the petitioners/A4 and 46. 6.

The Criminal Petition is accordingly allowed and the petitioners/ 44 and A6 are granted anticipatory bail subject to the following terms and conditions:

(i) The petitioners/A4 and A6 are directed to surrender before the Station House Officer, Khammam Rural Police Station, Khammam District, within a period of 15 days from the date of this order and on such surrender, the said Station House Officer shall release the petitioners/A4 and 46 on bail on their executing a personal bond to the tune of Rs.15,0001 (Rupees fifteen thousand only) each with two sureties for the like sum each to his satisfaction.

(ii) The petitioners/A4 and AO shall appear before the lnvestigating officer on 1"t and 3'd Saturday of every month between 10.00 AM and 12.00 PM., till completion of investigation or filing of the charge sheet, whichever is earlier. (iii) The petitioners/A4 and A6 shall abide by the other conditions stipulated in Section 438(2) Cr.P.C.

7.

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

o/ sD/- M.MANluls ASSISTANT REGI ''-- r- //TRUE COPY// SECTION OFFICER t.'

,6 To, l. The Special Sessi,rns Judge for Fast Tracking the case relating to Atror:ities against Women cum VIII Addl. District Judge, Khammam.

2. The 1l Addl. Judir:ial First Class Magistrate, Khammam.

3. The Station Houst: Officer, Khammam Rural Police Station, Khammarn District.

4. Two CCs to Public Prosecutor, High Court of Telangana, at Hyderabad (OUT)

5. one CC to Sri Mummaneni Srinivasa Rao,-Advocate (OPUC)

6. one Spare Copy * *

HIGH COURT GSD,J DATE: 15-03-2021 0RI)ER CRL.P. NO. 1119 0F 2021 PETITION ALLOWED 66x'

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