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High Court for State of TelanganaCRLP/1475/2018allowed no costs

Sri Pilli David Kumar v. The State Of A.P

2018-02-15T. Rajani4 pages

[ 26eo ] HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THURSDAY,THE FIFTEENTH DAY OF FEBRUARY, TWO THOUSAND AND EIGHTEEN :PRESENT:

THE HONOURABLE SMT JUSTICE T. RAJANI CRIMINAL PETITION NO: 1475 OF 2018 Between:

Sri Pilli David Kumar, S/o Veeranna Petitioner/A-2 AND The State of A.P, rep by its Public Prosecutor, High Court Andhra Pradesh, High Court Buildings, Hyderabad Respondent/Complainant Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the memo of grounds filed in herein, the High Cou( may be pleased to grant anticipatory bail directing the police to release the petitioner on bail in the event of his apprehension of arrest in pursuance to the Non-Bailable Warrant (NBW) issued by the 1"tAddl. Judicial First Class lVgistrate Court, Tadepalli Gudem, W.G. District in CC. No. 844 of 2013, dated 31-5-2017 in the interest of justice.

The petition coming on for hearing, upon perusing the petition and memo of grounds filed herein, and upon hearing the arguments of Sri Narasimha Rao Davuluri, Advocate for the Petitioner, and of the Addl. Public Prosecutor (AP) for Respondent, the Courl made the following

ORDER

s..- SMT JUSTICE T.RAJANI CRIMINAL PETITION No.1 475 oF 2018 ORDER:

This Criminal Petition is filed seeking for grant of anticipatory bail to the petitioner, who is accused No.2, in C.C. No.844 ol 2013 on the file of the I Additional Judicial First Class Magistrate, Tadepalligudem, West Godavari District. The offences alleged are under Sections 498-4 and 506 of l.P.C. and Sections 3 and 4 of the Dowry Prohibition Act, 1961 . 2.

Heard the learned counsel for the petitioner, learned Public Prosecutor appearing for the respondent-State, and perused the record. 3.

Learned counsel for the petitioner submits that, after due investigation, the Police filed charge sheet against the accused No.1 , deleting the names of accused Nos.2 to 8 but the took cognizance against those accused also, and issued N.B.W. against the petitioner/accused No.2.

4.

Learned Additional Public Prosecutor does not refute the said submission of the petitioner's counsel 5.

Hence, considering the above, this Court opines that this is a fit case for grant of anticipatory bail to the petitioner/accused No.2. Accordingly, the Criminal Petition is allowed. The petitioner/accused No.2 is directed to surrender before the lAdditional Judicial Magistrate of First Class, Tadepalligudem, West Godavari District, within 15 days from the date of this order. On such surrender, the petitioner/accused No.2 shall be released on bail on his executing a personal bond for a sum of Rs.'l 0,000/- (Rupees ten thousand only) with two sureties for a like sum each to the satisfaction of the said Magistrate. Further, on such release,

.) the petitioner/accused No.2 shall abide by the conditions mentioned under Section a38(2) Cr.P.C., as under:

1) The petitioner shall make himself available for interrogation by a police officer as and when required;

2) 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/her from disclosing such facts to the Court or to any police officer; and

3) The petitioner shall not leave lndia without the previous permission of the Court.

As a sequel, the miscellaneous applications, if any pending, shall stand closed.

sD/-- v. DlwALA.l'L ASSISTANT GISTRAR //TRUE COPY// \ FOT ASSISTANT REGISTRAR To, The 1"tAddl. Judicial First Class l\,4agistrate, Tadepalli Gudem' W'G' 1.

District The Addl. Judicial First Class t\/agistrate, Tadepalligudem' W G' 2.

District The Station House officer, Tadepalligudem Rural Police Station, J.

W.G. District Two CCs to Public Prosecutor (AP), High Court, Hyderabad (OUT) 4.

5.

o.

Skm One CC to Sri Narasimha Rao Davuluri, Advocate (OPUC) One spare coPY

HIGH COURT TR,J DATE: 15-02'2018

ORDER

CRL.P. No. 1475 of 2018 DIRECTION 4.e \.'4|.

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