Ariga Shiva Kumar And Another v. The State Of Telangana

[31s8 I

IN THE HIGH COURT ['ORTHE STATE OF'TELANGANA

ATHYDERABAD MONDAY, THE EIGHTH DAY OF JUNE TWO THOUSAND AND TWENTY :PRESENT:

THE HON'BLE JUSTICE G.SRI DEVI CRIMINAL PETITION NO:2263 OF 2020 Between:

l. Ariga Shiva Kumar, S/o. Peraiah,

2. Narsingoju Suryanarayana, S/o. Narsaiah, Petitioners/Accuscd No.1 & 2 ANI) The State of Telangana, through S.H.O., Karimnagar III Town Police Station, Karimnagar District, Rep. by its Public Prosecutor, High Court, Hyderabad. RespondenVComplainant Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the petition filed therein, the High Court may be pleased to enlarge the petitioners herein on bail in the event of their arrest in connection with FIR No. 27012019 on the file of Karimnagar III Town Police Station, Karimnagar District;

The petition coming on for hearing, upon perusing the Petition filed therein and upon hearing the arguments of Sri N.Hari Prasad, Advocate for the Petitioners, and of the Public Prosecutor, for the Respondent, the Court made the following; ORDER:

"This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by the petitioners/A-l and A-2 seeking to grant anticipatory bail in the event of their arrest in connection with Crime No.270 of 2019 of Karimnagar III Town Police Station, Karimnagar District, registered for the offence punishable under Section 306 read with Section 34 ofthe Indian Penal Code.

Heard the learned counsel appearing for the petitioners/A-l and A-2, learned Public Prosecutor appearing for the respondent-State and perused the record. Learned counsel for the petitioners/A-1 and A-2 would submit that the petitioners/A-l and A-2 never committed the alleged offence and they are falsely implicated in this case with baseless allegations. It is further submitted that the petitioners/A-l and A-2 never harassed the deceased while he was working. It is further submitted the petitioners/A-l and A-2 are ready to furnish sufficient surety and also to comply with any of the conditions that may be imposed by this Court in the event of granting anticipatory bail. Hence, it is prayed that the petitioners/A-l and A-2 be granted anticipatory bail.

Learned Public Prosecutor opposed to grant anticipatory bail to the petitioners/A'l and A-2.

Having regard to the facts and circumstances ofthe case and in view ofthe fact that the reasons for harassing the deceased by the petitioners have not been specilically

mentioned in the suicide note of the deceased, without delving into the merits of the case, I am inclined to grant anticipatory bail to the petitioners/A-l and A-2. The petitioners/A-l and A-2 are granted anticipatory bail subject to the following terms and conditions:

(1) The petitioners/A-l and A-2 are directed to surrender before the Station House Officer, Karimnagar III Town Police Station, Karimnagar District, within a period of ten (10) weeks from the date of this order and on such surrender, the said Station House Officer shall release the petitioners/A-l and A-2 on bail on their executing personal bond for a sum of Rs.50,0001 (Rupees fifty thousand only) each with two sureties for a like sum each to his satisfaction.

(2) The petitioners/A-l and A-2 shall appear before the Station House Officer concerned on each Saturday between l0 am to 5 pm till conclusion of investigation and liling of final report.

(3) The petitioners/A-l and A-2 shall abide by the other conditions stipulated in Section 438(2) Cr.P,C and co-operate with the Investigating Oflicer in investigating the case.

Miscellaneous applications, if any, pending shall stand closed." Sd/. JUSTICE G. SRI DEVI RUE COPY// CIAL.II) ,fi.ut-'

SECTION OFFICER To, 1 . The Principal Junior Civil Judge cum Judicial Magistrate of First Class, Karimnagar.

2. The Station House Officer, Karimnagar III Town Police Station, Karimnagar District

3. Two Ccs to Public Prosecutor, High Court ofTelangana, at Hyderabad (OUT)

4. One CC to Sri N.Hari Prasad, Advocate (OPUC)

5. one Spare Copy

HIGH COURT GSD,J DATE: 8-6-2020

ORDER

CRL.P. NO. 226:\ OF 1!.020 PETITION ALLO\YE]) !ONfrD t