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High Court for State of TelanganaCRLP/2321/2020allowed no costs

Rachapalli Prasad And Another v. State Of Telangana

2020-06-08G Sri Devi3 pages

[31s8 I

IN THE HIGH COURT FOR THE STATE OF TELANGANA

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

THE HON'BLE JUSTICE G.SRI DEVI CRIMINAL PETITION NO: 2321 OF 2020 Between:

l. Rachapalli Prasad, S/o R.Narayana

2. Malla Vamshi, S/o Sheshagiri Petitioners/Accused AND State ofTelangana, Rep. by its Public Prosecutor, High Court for the State ofTelengana, at Hyderabad, through P.S. Saidapur Karimnagar District. RespondenVComplainant Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in support of the Criminal Petition, the High Court may be pleased to enlarge the liberty of the Petitioners by granting an Anticipatory Bail in favour of the Petitioners in the event of their arrest in FIR No. 196/2019, on the file of P.S. Saidapur, Karimnagar District The petition coming on for hearing, upon perusing the Petition filed in support thereof and upon hearing the arguments of Sri Arun Kumar Doddla Advocate for the Petitioners 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 filed by the petitioners 1 and 2 seeking to grant anticipatory bail in the event of their arrest in connection with Crime No.196 of 2Ol9 of P.S. Saidapur, Karimnagar District, registered for the offences punishable under Sections 448, 452 and 363 read with Section 34 of the Indian Penal Code.

Heard the learned counsel appearing for the petitioners 1 and 2, learned Public Prosecutor appearing for the respondent-State and perused the record. Learned counsel for the petitioners I and 2 would submit that the petitioners never committed the alleged offence. It is submitted that the names of the petitioners 1 and 2 are no where reflected in the FIR or remand report. It is further submitted that the petitioners L and 2 are law abiding citizens and that they are 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 petitioners 1 and 2 be granted anticipatory bail.

Learned Public Prosecutor opposed to grant anticipatory bail to the petitioners.

Having regard to the facts and circumstances of the case and in view of the fact that the names of the petitioners 1 and 2 are no where reflected in the FIR or remand report, without delving into the merits of the case, I am inclined to grant anticipatory bail to the petitioners 1 and 2. The petitioners 1 and 2 are granted anticipatory bail subject to the following terms and conditions:

(1) The petitioners 1 and 2 are directed to surrender before the Station House Officer, P.S. Saidapur, 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 1 and 2 on bail on their executing personal bond for a sum of Rs. 15,000/- (Rupees fifteen thousand only) each with two sureties for a like sum each to his satisfaction.

(2) The petitioners 1 and 2 shal1 abide by the other conditions stipulated in Section 438(21 Cr.P.C and co-operate with the Investigating Officer in investigating the case. Miscellaneous applications, if any, pending shall stand closed. SD/-JUSTICE G SRI DEVI //TRUE COPYII REGISTRAR ICIAL.II) v4L\ U'

SECTION OF'FICER To aThe Addl. Judicial First Class Magistrate, Huzurabad, Karimnagar District The Station House Officer, Saidapur Police Station, Karimnagar District One CC to Sri Arun Kumar Doddla Advocate [OPUC] Two CC to Public Prosecutor, High Court, Hyderabad (OUT) One spare copy Csk

HIGH COURT GSDJ DATED:08/06/2020

ORDER

CRLP.No.2321 of 2020 ct lur m lo- .-\-\\.

CRL.P. ALLOWED