Syed Sadiq Ali v. The State Of Telangana
IN THD HIGH COURT FOR THE STATE OF TELANGANA ATHYDERABAD FRIDAY ,THE THIRTY DAY OF APzuL TWO THOUSAND AND TWENTY ONE :PRESENT:
THE HONOURABLE JUSTICE G SRI DEVI CRIMINAL PETITION NO; 2728 OF 2021 Between:
Syed Sadiq Ali, S/o. Mohiuddin Petitioner/Accused No.4 AND L The State of Telangana, through S.H.O., P.S. Konijerla, represented by Public Prosecutor, High Court at Hyderabad.
...Respondent
2. Smt. Vadithya Achamma, Wo. Late. Mangya, Age. 50 Years, Occ.Coolie, fuo. Gudiya Thanda, Konijerla Mandal, Khammam District. Respondent/Defacto Complainant Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to grant anticipatory bail to the petitioner/Accused No. 4, by directing the SHO. P.S. Konijerla, Khammam District, or any arresting officer to enlarge him on bail in the event ol his arrest in connection Nvith Crime. No. 30 of 2021, of P.S. Konijerla, Khammam District The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of K VENUMADHAV Advocate lor the Petitioner, and the Assistant Public Prosecutor lor the Respondent No.l. the Coun rnade the following.
ORDER
THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION NO,2728 OF 2O2I ORDER:
This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is Iiled by the petitioner/A-4 seeking to grant anticipatory bail in the event of his arrest in connection with Crime No.30 of 2O2l of P.S. (6nijerla, Khammam District, registered for the offences punishable under Section 306 read with Section 34 of the Indian Penal Code and Section 3(2)(v)(a) of the SC/ST (POA) Act.
Heard the learned counsel appearing for the petitioner/A-4, learned Assistant Public Prosecutor appearing for the respondent-State and perused the record. Though notice has been served on the complainant, none appears on her behalf. Learned counsel for the petitioner/A-4 would submit that the petitioner is innocent of the offences alleged against him and has been falsely implicated. The petitibner is having fixed abode i and there is no question of absconding. It is further submitted { that the petitioner/A-4 is willing to furnish suitable security and abide by any condition which this Court may deem fit to impose in the event of granting anticipatory bai1. Hence, it is prayed that the petitioner/A-4 be granted anticipatory bail.
Learned Assistant Public Prosecutor opposed to grant anticipatory bail to the petitioner/A-4.
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-4.
The Criminal Petition is allowed and the petitioner/A-4 is granted anticipatory bail subject to the following terms and conditions:
(1) The petitioner/A-4 is directed to surrender before the Station House Officer, P.S. Konijerla, Khammam Distrrict, within a period of four weeks from the date of this order and on such surrender, the said Station House Officer shal1 release the petitioner /A-4 on bail on his executing personal bond for a su'm of Rs.25,00O/- (Rupees twenty five thousand only) with two sureties for a like sum each to his satisfaction.
(2) The petitioner/A-4 shall abide by the other conditions stipulated in Section 438(2) Cr.P.C and co-operate with the Investigating Officer in investigating the case. Miscellaneous applications, if any, pending shall stand closed.
I SD/- K.SHYLESHI A.SSISTANT R ) A----- //TRUE COPYI/ SECTION OFFICER To,
1. The III Additional Judicial First Class Magistrate, Khammam
2. The S.H.O., P.S. Konijerla, Khammam
3. one cc to sRI. K VENLIMADHAV Advocate [oPUC]
4. Two CC's to Public Prosecutor, High Court for the State of Telangana at Hyderabad (OUT)
5. One spare copy Avs
HIGH COURT GSDJ DATED:3010412021 !l I\l4..
ORDER
CRLP.No.2728 of 2021 J R ZI,ZI * BAIL