Bodusuyadagiri v. The State Of T.S

[31s8 |

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD FRIDAY, THE THIRTIETH DAY OF APzuL TWO THOUSAND.AND TWENTY ONE :PRESENT:

THE HON'BLE JUSTICE G.SRI DEVI CRIMINAL PETITION NO:2676 OF 2021 Betrveen:

l. Bodusu Yadagiri, S/o. B. Laxmaiah,

2. Bodusu Naresh, S/o. Ramulu, Petitioners/Accused Nos. 2 & 3 AND , The State of T.S, through S.H.O., Police Shameerpet, Ranga Reddy District. Rep. by Public Prosecutor, High Court, Hyderabad Respondent/Complainant Petition under Sections 437 & 439 of Cr.P.C, praying that in the circumstances stated in the Petition and the grounds filed therein, the High Court may be pleased to enlarge the petitioners / Accused Nos. 2 and 3 herein on bail in connection with Crime No. 77 of 2021 of P.S. Shameerpet, Cyberabad, Ranga Reddy District; The petition coming on for hearing, upon perusing the Petition and the grounds filed therein and upon hearing the argumentq of Sri M.Veera Prasada Chary, Advocate for the Petitioners, and of the Asst. Public Prosecutor, for the Respondent, the Court made the following.

THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.2676 ol 2021 ORDER:

This Criminal Petition, under Sections 437 and 439 of the Code of Criminal Procedure, 1973, is filed by the petitioners/A2 and A3 seeking to grant bail to them in connection with Cr.No.77 of 2021 on the file of Shameerpet Police Station, Cyberabad District, registered for the offences punishable under Section 304-ll, 109 IPC and under Section 196 of M.V.Act.

2.

Heard learned counsel appearing for the petitioners/A2 and A3, learned Assistant Public Prosecutor appearing for the respondenfstate and perused the record.

3.

Learned counsel for the petitioners/A2 and A3 submits that the petitioners are innocent of the alleged offences and they have been falsely implicated in the present crime for statistical purpose. He further submits that even according to the complaint and the remand report of A1 , there is no specific allegation to attract the offence under Section 304-ll lPC. He further submits that the entire investigation is completed, except filing of the charge sheet. He also submits that the petitioners are in jail since 27.02.2021; there are no criminal antecedents against them prior to this occurrence; they are law abiding citizens and ready to abide by any condition imposed by this Court in the event of their enlargement on bail. 4.

Learned Assistant Public Prosecutor opposed to grant bail to the petitioners/A2 and A3. However, he conceded to the fact that the charge sheet has already been submitted in this case. 5.

Having regard to the facts and circumstances and looking into the nature of allegations leveled against the petitioners/A2 and 43, who are in jail since 27.02.2021, and since the charge sheet has already been filed in

the crime, and also in view of the peculiar conditions of pandemic COVID19 prevailing in the country, without delving into the merits of the matter, I am inclined to grant bail to the petitioners/A2 and A3. 6.

The Criminal Petition is allowed and the petitioners/A2 and 43 are directed to be released on bail, subject to the following terms and conditions:

(i) The petitionerslA2 and 43 shall be released on bail on their executing a personal bond to the tune of Rs.1,00,0001 (Rupees one lakh only) each with two sureties for a like sum each to the satisfaction of the XXlll Metropolitan Magistrate, Medchal, Ranga Reddy District.

(ii) On such release, the petitionerslA2 and A3 shall appear before the lnvestigating Officer on 3'd Saturday of every month between 10.00 AM and 2.00 PM., from June,2021 onwards, till completion of investigation and filing of the charge sheet. (iii) the petitioners/A2 and A3 shall appear before the Cou( concerned personally on each date of hearing till conclusion of trial.

(iv) the petitioners/A2 and A3 shall not indulge in any similar type of activities in future. lf they are indulged in similar type of activities or involved in any other criminal cases in future, liberty granted to them shall stand cancelled automatically.

(v) the petitioners/A2 and A3 shall not tamper with the prosecution witnesses;

(vi) the petitioners/A2 and A3 shall co-operate with the investigating agency.

(vii) the petitioners/ A2 and A3 shall not misuse the liberty granted to them.

7.

Miscellaneous petitions, if any pending in this criminal petition, shall stand closed.

SD,/- V.SUDHA ASSISTANT RE ,( I //TRUE COPYII SECTION OFFICER o T The )OilII Metropolitan Magistrate, Medchal, Cyberabad. The )OilII Metropolitan Magistrate, Medchal, Ranga Reddy District. The Station House Offrcer, Shameerpet Police Station, Ranga Reddy District. The Superintendent, Cherlapally Central Prison, Ranga Reddy District. Two CCs to Public Prosecutor, High Court ofTelangana, at Hyderabad (OUT) J One CC to Sri M.Veera Prasada Chary, Advocate (OPUC) one Spare Copy

/ HIGH COURT GSD,J DATE:30-04-2021

ORDER

CRL.P. NO. 2676 0F 2021 ,ffi;:u 'J o r\f BAIL 3 0 AP[l 2021 I :-,.-k__< ---.

I