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High Court for State of TelanganaCRLP/2273/2020allowed no costs

S.Vijay Kumar v. The State Of Telangana,

2020-06-08G Sri Devi4 pages

131s8 l

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD MONDAY, THE EIGHTH DAY OF JLTNE TWO THOUSAND AND TWENTY : PRESENT:

THE HON'BLE JUSTICE G.SRI DEVI CRIMINAL PETITION NO:2273 OF 2020 /"

Between:

S.Vijay Kumar, S/o Sayanna Petitioner/Accused No. 2 AND The State ofTelangana, through S.H.O., Paloncha Town Police Station, Bhadradri Kothagudem District, rep. by Public Prosecutor, High Court, Hyderabad. RespondenVComplainant Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in support ofthe Criminal Petition, the High Court may be pleased to enlarge the petitioner herein on bail in the event of his arrest in connection with FIRNo. 164 of 2020 of Paloncha Town Police S6-tion, Bhadradri Kothagudem District The petition coming on for hearing, upon perusing the Petition filed in support thereof and upon hearing the arguments of Sri Venkata Sai Krishna Ponnuru Advocate for the Pletitioner and 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 hled by the pelilioner/A-2 seeking to grant antiTgrtory bail in the event of his arrest in connection with Crime No. 164 of 202O of P.S. Paloncha Town, Bhadradri Kothagudem, registered for the offences punishable under Sections 380 and 409 read with Section 34 of the Indian Penal Code. Heard the learned counsel appearing for the petitioner/A-2, learned Public Prosecutor appearing for the respondent-State and perused the record. Learned counsel for the petitioner/A-2 would submit that the petitioner never committed the alleged offence. It is submitted that the petitioner/A-2 is a law abiding citizen and is a sole bread-winner of his family. It is further submitted that he is ready to co-operate with the investigative agency and abide by the conditions which may be imposed by this Court while granting anticipatory bail. Hence, it is prayed that the petitioner/A-2 be granted anticipatory bail.

Learned Public Prosecutor opposed to grant anticipatory bail to the petitioner/A-2.

Having regard to the facts and circumstances of the case and in view of the peculiar conditions of pandemic COVID- 19 prevailing in the country, without delving into the merits of the case, I am inclined to grant anticipatory bail to the petitioner/A-2.

The petitionerlA-2 is granted anticipatory bail subject to the following terms and conditions:

(1) The petitioner./A-2 is directed to surrender belore the Station House Officer, P.S. Paloncha Town, Bhadradri Kothagudem, within a period of ten (10) weeks from the date of this order and on such surrender, the said Station House Officer shall reiease the petitioner/A-2 on bail on his executing a personal bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two sureties for a like sum each to his satisfaction.

(2) The petitioner/A-2 shall appear before the Station House Officer concerned on each Saturday between 10 am to 5 pm and in case of non-compliance of the conditions imposed against the petitioner/A-2, liberty granted to him shall automatically stand cancelled and he shall be taken into custody forthwith.

(3) The petitioner lA-2 shall abide by the other conditions stipulated in Section 438(2) Cr.P.C and co-operate with the Investigating Ofhcer in investigating the case.

Miscellaneous applications, if any, pending shall stand closed. SD/-.IUSTICE G SRI DEVI //TRUE COPY/I -G j| SECTION OFFICER V,/

To, l. The V Addl. District and Sessions, Kothagudem, Khammam District.

2. The II Addl. Judicial First Class Magistrate, Kothagudem, Bhadradri Kothagudem District

3. The Station House Officer, Paloncha Town PoliegStation, Bhadradri Kothagudem District

4. One CC to Sri Venkata Sai Krishna Ponnuru Advocate [OPUC]

5. Two CC to Public Prosecutor, High Court, Hyderabad,plT)

6. One spare copy Csk

HIGH COURT GSDJ DATED:08/06/202t) a g lu[ tut

ORDER

CRLP.No.2273 of 2t120 CRL.P. ALLOWED