H.Basavaraju S/O. H.Yellappa v. S.H.O., Kowthalam P.S., Kurnool District

HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION No.5048 of 2015 ORDER :

This Criminal Petition is filed by the Petitioner/Accused No.4 under Section 482 Cr.P.C seeking to quash the proceedings in Crime No.30 of 2015 of Kowthalam Police Station, Kurnool District registered for the offence punishable under Section 409 of I.P.C.

2) Heard the learned counsel for the petitioners and the 1st respondent-State represented by the Public Prosecutor before admission and before ordering notice to the 2nd respondent and perused the material on record.

3) A perusal of the material falls short for this Court to admit the application under Section 482 Cr.P.C to quash the proceedings. However, it is left open to the petitioner to say that there is material about he was exonerated from all his complicity to submit to the investigating officer to consider as part of investigation, needless to say in the event of police filing any final report for taking any cognizance further remedies are left open. As the factual matrix shows that the petitioner is entitled the concession of regular bail, the application is disposed of giving liberty to the petitioner/A-4 to surrender before the learned Magistrate concerned and move for regular bail and in such an event and after hearing the Assistant Public Prosecutor concerned, the learned Magistrate shall grant bail on the same day with necessary conditions.

4) With the above observations, the Criminal Petition is disposed of. As a sequel, miscellaneous petitions pending, if any, in this criminal petition shall stand closed.

___________________________ Dr. B. SIVA SANKARA RAO, J 19.06.2015 ksh