Bathuku Madhusudhan v. The State Of Telangana And Another
I t 31s8 I IN rHE HrGH .or*rr3IJrl=o;Itr= oF TELANGANA TUESDAY, THE SIXTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY ONE :PRESENT:
THE HONOURABLE JUSTICE G SRI DEVI CRIMINAL PETITION NO: 1869 OF 2O2L Between:
Bathuku Madhusudhan, S/o. B,Venkat Swamy, Petitioner/Accused AND 1, The State of Telangana, Through Public Prosecutor High Court at Hyderabad.
2. Jilkara Sathiaiah, S/o.l.Somaiah, Aged 53 years, Occ,Labour, R/o.H.No, 1-76, Peeramcheruvu (V), Gandipet Mandal, Ranga Reddy District.
Respondent/Complainant Petition under Section 437 & 439 cf Cr.P.C, praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioner/A1 on bail in connection with SC No. 263 of 2018 on the file of Special Sessions Judge for Trial of Cases Under SCs and STs POA Act cum VII Additional District and Sessions Judge, Ranga Reddy District at L.B,Nagar The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of SRI N KRISHNA SUMANTH Advocate for the Petitioner and the Additional PUBLIC PROSECUTOR for the Respondent No.1, the Court made the following. ORDER:
rI#--.-
THE HONOURABLE JUSTICE G, SRI DEVI C:RIMINAL PETITION NO.L869 of 2O2l ORDER:
The petitioner, who is accused No. 1, filed th,r present application under Sections 437 and 439 of Criminal Procedure Code 1973, seeking to grant bail to him in S.C.No.263 of 2018 on the file of Special Sessions Judge for Trial of Cases under SCs&STs (POA) Act-cum.-VII Additional District and Sessions Judge, Ranga Reddy District, L.B.Nagar, registered for the offences punishable under Sections 447, 427 and 504 I.P.C and Section 3 (1)(r)(g)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.
2.
Heard learned counsel for the petitioner/A. 1 and learned Additional Public Prosecutor appearing lor the respondcnt-State. In spite of service of notice, none appears for the 2"d respondent. 3.
It is submitted on behalf of the petitioner/ accused No.1 that the petitioner has been enlarged on bail in connection with Crime No.345 of 2018 and after submission of charge sheet, S.C.No.263 of 20 18 was rr:gistered on the file of Special Sessions Judge for Trial of Cases under SCs and STs (POA) Act-cum-VII Additional District and Sessions Judge, Ranga Reddy District at L.B.Nagar and the same is pending for trial. It is further submitted that during pendency of the trial in the said case, on a false complaint, Crime No.424 ol 2O2O was registered against the petitioner and remanded to judicial custody on 28.O9.2O2O. Thereibre, the petitioner could not remain present before the Court concerned personally on ',.2.O2.2O21 , as such NBW was issued against the
petitioner. The petitioner moved an application in Cr1.M.P.No.96 of 2O2! before the Court below seeking regular bail in view of pendency of NBW against the petitioner. The said Cr1.M.P. was dismissed by order, dated 25.02.2021 basing on the information furnished by the Public Prosecutor that there are other cases pending against the petitioner. The petitioner was regularly appearing before the Court below till he was remanded to judiciai custody in connection with Crime No.424 ol 2O2O. The petitioner is a paralysis patient and also suffering from different ailments i.e., Diabetics, Hypertension etc., which is evident from the certificate issued by the Medical Officer, Central Prison, Cherlapalli. The petitioner is ready to abide by any condition and ultimately, prayed this Court to grant bail to the petitioner.
4.
Learned Additional Public Prosecutor opposed the petition. 5.
Thus, looking into the nature of allegations levelled against the petitioner and considering the facts and circumstances of the case, without adverting to the merits of the case, I am inclined to grant bail to the petitioner on certain terms and conditions. (i) The petitioner/accused No.1 shall execute a personal bond for Rs. 10,000/- (Rupees Ten Thousand only) with two sureties to the like amount each to the satisfaction of Special Sessions Judge for Trial of Cases under SCs&STs (POA) Act-cum-VII Additional District and Sessions Judge, Ranga Reddy District at L.B.Nagar.
(ii) The petitioner/ accused No.1 shall not indulge in any similar type of activities in future.
(iii) The petitioner/accused No.l shall not tamper with the prosecution witnesses.
(iv) The petitioner/ accused No. 1 sha1l co-operate with the investigatingagency. --/
(,r) The petitioner/ accused No.1 shall appear shall personally appear before the Court concerned on each date of hea::ing till conclusion of trial.
6.
Accordingly, the Criminal Petition is allowed Miscellaneous petitions pending, if any, shall stand closed' --lZ.-aJ--.r SD//- K.SHYLESHI ASSISTANT REGISTRAR VY-, SECTIDfi'OFFICER To, / I ,TRUE COPY//
1. The Special Sessions Judge for Trial of Cases Under SCs and STs POA act cum Vll Additional District and Sessions Judge, Ranga Reddy District at L.B.Nagar.
2. The Superintendent Cherlapally Jail, Ranga Reddy District.
3. One CC to SRl. N KRISHNA SUMANTH Advocate IOPUC]
4. Two CCs to PUBLIC PROSECUTOR, High court at Hyderabad. [OUT]
5. One spare copy
HIGH COURT GSDJ DATED:1610312021
ORDER
CRLP.No.1869 o12021 BAIL ( .(i : s .;e 'Al- ,( ,f rdt 1 6 t,fix ()HLO