Kapil Goutam Bafna v. The State Of Telangana

HON'BLE Dr. JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION No.1752 of 2023 ORDER:

Heard Sri D.Y.N.L.N.Charyulu, learned counsel for the petitioner, as well as the learned Additional Public Prosecutor who is representing the respondent-State.

2.

Seeking the Court to enlarge the petitioner, who is arrayed as accused No.6 in Crime No.24 of 2023 of Narayanaguda Police Station, Hyderabad, on bail, the present Criminal Petition is filed under Section 439 Cr.P.C. 3.

Learned counsel for the petitioner states that the petitioner is the brother-in-law of accused No.1. The petitioner hails from Karnataka State whereas the wife of accused No.1 and accused No.1 were residing at Hyderabad. Learned counsel submits that the petitioner never involved in the family affairs of accused No.1 and his wife and he is not responsible for the death of the wife of accused No.1. Learned counsel submits that the petitioner was remanded to judicial custody on 03.02.2023 and since then, he is in jail and therefore, he may be enlarged on bail.

4.

The submission of the learned Additional Public Prosecutor is that fourteen (14) material witnesses were examined till.

5.

Thus, by the submissions made, it is clear that the petitioner is in judicial custody since more than three weeks and that the material part of investigation is completed. Having considered these aspects, this Court is of the view that the request of the petitioner can be honoured, however conditionally.

6.

Resultantly, this Criminal Petition is allowed with the following conditions:- (i) The petitioner/accused No.6 shall be enlarged on bail on his executing a personal bond for Rs.50,000/- (Rupees Fifty thousand only) with two sureties for the 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) In case, the petitioner/accused No.6 holds a passport, he is directed to surrender the same, if it is not seized by now.

(iii) The petitioner/accused No.6 should not involve in any unlawful activity.

(iv) The petitioner/accused No.6 should afford all assistance for proper investigation of the case. (v) The petitioner/accused No.6 should not cause the evidence of the offence disappear.

(vi) The petitioner/accused No.6 should not tamper with the evidence in any manner.

(vii) The petitioner/accused No.6 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.

(viii) The petitioner/accused No.6 should ensure his presence whenever required by the Court or Police.

(ix) The petitioner/accused No.6 shall not leave India without previous permission of the court concerned.

(x) The petitioner/accused No.6 shall report before the Station House Officer, Narayanaguda Police Station, Hyderabad, on every Monday between 10.30 a.m. and 12.00 p.m. till filing of the final report.

(xi) The petitioner/accused No.6 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. He shall continue to do so till filing of the final report.

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

________________________________________ Dr. JUSTICE CHILLAKUR SUMALATHA 28.02.2023 dr