Boya Devender v. The State Of Telangana

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IN THE HIGH COURT F'OR THE STATE OF TEL.A,NGANA

AT HYDERABAD MONDAY,THE TWENTY SECOND DAY OF MARCH TWO THOUSAND AND TWENTY ONE :PRESENT:

THE HONOURABLE JUSTICE G SRI DEVI CRIMINAL PETITION NO: 2043 OF 2021 Between:

Boya Devender, S/o. Anjaiah Petitioner/Accused AND The State of Telangana, Rep. by its Public Prosecutor High Court of for the State of Telangana, At Hyderabad.

Respondent/Complainant Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in It l the affidavit filed in support of the Criminal Petition, the High Court may be pleased to release the petitioner on bail in event of his arrest Crime No.26 of 202I on the file of Kethepally Police Station, Nalgonda District The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of SRI SOMAVARAPU SATYANARAYANA Advocate for the Petitioner, TIIE PTIBLIC PROSECUTOR for the Respondent(s) and the Court made the following

ORDER

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THH HONOURABLE JUSTICE G. SRI DEVI C RIMINAL PETITION No.2043 ol 2021 ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by the petitioner/A4 seeking to grant anticipatory bail in the event of his arrest in Cr.No.26 of 2021 on the file of Kethepally Police Station, Nalgonda District, registered for the offence punishable under Sections 307 read with Section 34 lPC.

2.

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

3.

Learned counsel for the petitionei/A4 would submit that the petitioner has not committed any offence as alleged by the prosecution, and as per the prosecution case, when the de-facto complainant and L.W.2, who are injured, have questioned the accused about transportation of cattle, all the accused attacked them. He also submits that though the alleged incident occurred at 1.'10 PM on 11.02.2021 , FIR was registered on 12.02.2021 at '1 1.30 AM and that there is no explanation for the said delay in lodging the complaint. He further submits that as per the injury report, the injured were examined on 12.02.2021, and that though several injuries were mentioned therein, there is no mention about the nature of the injuries.

He further submits that no specific role has been attributed against the present petitioner and no weapon of offence has been recovered from the place of occurrence. He further submits that the trial Court dismissed the anticipatory bail application of petitioner on the ground that the other accused are still absconding and that the stolen property has not yet recovered. He also submits that the petitioner is a law abiding citizen and he is ready to abide by any condition that may be imposed by this Court in the event of his enlargement on anticipatory bail.

4.

Learned Assistant Public Prosecutor vehemently opposed to grant anticipatory bail to the petitioner, but conceded to the fact that no specific role whatsoever has been attributed to the petitioner. 5.

Having regard to the facts and circumstances of the case and looking into the nature of allegations leveled against the petitioner, without adverting to the merits of the matter, I am inclined to grant anticipatory bail to the petitioner/A4.

6.

The Criminal Petition is accordingly allowed and the petitioner/A4 is granted anticipatory bail subject to the following terms and conditions: (i) The petitioneriA4 is directed to surrender before the Station House Officer, Kethepally Police Station, Nalgonda 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 petitioner/A4 on bail on his executing a personal bond to the tune of Rs.25,000/- (Rupees twenty five thousand only) with two sureties for the like sum each to his satisfaction.

(ii) On such release, the petitioner/A4 shall appear before the lnvestigating Officer on every Saturday between 10.00 AM and 2.00 PM., till completion of investigation or filing of the charge sheet whichever is earlier.

(iii) The petitioner/A4 shall abide by the other conditions stipulated in Section 438(2) Cr.P.C.

7.

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

-'- - - ::- sD/- R I(ARTHIKEYAN Asgrsr RE //TRUE COPY, FOT ASSISTANT REGISTRAR tlff#hilj"

HIGH COURT GSDJ DATED:22103/2021 t

ORDER

CRLP.No.2043 of 2021 i It ffit;aiEg, ffi,,,*0,, \ BAIL