Kundarapu Mallesh v. State Of Telangana

HON'BLE Dr. JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION No.1822 of 2023 ORDER:

1.

Heard Sri K.Ajay Kumar, learned counsel for the petitioner as well as the learned Additional Public Prosecutor who is representing the Respondent-State. 2.

Seeking post-arrest bail, the present Criminal Petition is filed under Section 439 Cr.P.C. on behalf of the petitioner, who is arrayed as Accused in Crime No.8 of 2023 of Ramakrishnapur Police Station, Mancherial District.

3.

Making his submission that the petitioner is entitled for bail, learned counsel for the petitioner contends that the petitioner is in judicial custody since 31.01.2023 and as the entire investigation is also completed, he may be enlarged on bail.

4.

The submission of the learned Additional Public Prosecutor is that on completion of investigation, charge sheet is laid.

5.

As per the contents of the charge sheet, the petitioner attempted to outrage the modesty of a minor girl while she was present alone at her house.

6.

As per the submissions made, the petitioner is in judicial custody since more than forty days. Also, the entire investigation is completed and charge sheet is laid. 7.

Having considered these facts, this Court is of the view that the request of the petitioner can be honoured, however, conditionally.

8.

Resultantly, the Criminal Petition is allowed with the following conditions:- (i) The petitioner/Accused shall be enlarged on bail on his executing a personal bond for Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for like-sum each to the satisfaction of the Court concerned. The sureties are directed to submit their two latest passport size photographs at the time of furnishing solvency.

One such photograph is ordered to be pasted in the Surety Register against the name of the surety. The other photograph shall be kept in the case record concerned.

(ii) The petitioner/Accused should not involve in any unlawful activity.

(iii) The petitioner/Accused should not cause the evidence of the offence disappear.

(iv) The petitioner/Accused should not tamper with the evidence in any manner.

(v) The petitioner/Accused should not by way of inducement, threat or promise, dissuade any person who is acquainted with the facts of the case from disclosing such facts to the Court or to the Police Officer.

(vi) In case the petitioner/Accused holds a passport, he shall surrender the same if the same is not seized till now.

(vii) The petitioner/Accused should ensure his presence whenever required by the Court or Police.

(viii) The petitioner/Accused shall not leave India without previous permission of the Court concerned.

(ix) The petitioner/Accused shall file an affidavit before the Court concerned disclosing the following particulars:-

(1) Contact number

(2) Mail address

(3) Residential particulars.

In case, there is any change in the aforementioned details, the petitioner shall intimate the Court concerned by giving a fresh affidavit duly mentioning the change.

Any deviation of the above conditions would entitle the respondent to take appropriate steps for cancellation of the bail granted.

________________________________________ Dr. JUSTICE CHILLAKUR SUMALATHA Date:13.03.2023 ysk

HON'BLE Dr. JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION No.1822 of 2023 Date:13.03.2023 ysk