T. Srihari v. The State Of Telangana

HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION No. 1859 OF 2022 O R D E R:

This Criminal Petition under Section 438 Cr.P.C. is filed by the petitioner - Accused seeking bail in the event of his arrest in connection with Crime No. 111 of 2022 on the file of Pet Basheerabad Police Station, registered for the offence punishable under Section 307 read with Section 34 IPC.

2.

The case of the prosecution is that on 14.02.2022, at about 07.00 hours, the de facto complainant lodged a report stating that on 13.02.2022, at about 21.30 hours, himself along with others on one side and the accused on the other were quarrelling about financial issue near DRS School Ground, Dhulapally. In the meantime, one Mazar came there to pick up the complainant, then the petitioner questioned him about his involvement in the quarrel and stabbed him on his stomach with knife. It is further alleged that the accused persons attacked them with knife and chilli powder with an intention to kill them.

3.

Learned counsel for the petitioner Sri N. Manohar submits that this is a case and counter case. He submits that the complaint given by the complainant was registered as Crime No. 111 of 2022, whereas the complaint given by the

petitioner herein was registered as Crime No. 112 of 2022. He submits that in fact, both the complainant and petitioner and others sustained grievous injuries and with an apprehension that the petitioner will lodge the complaint, the present complaint is lodged and the petitioner is implicated in this case. He submits that the case of the petitioner may be considered for grant of bail.

4.

Learned Assistant Public Prosecutor also does not dispute the fact that it is a case and counter case. He submits that so far, four witnesses were examined and investigation is pending.

5.

Taking into consideration the fact that this is a case and counter case, this Court deems it appropriate to grant pre-arrest bail to the petitioner.

6.

The Criminal Petition is therefore, allowed.

Petitioner - Accused No.1 shall surrender before the Station House Officer, Pet Basheerabad Police Station in connection with Crime No. 111 of 2022 within one week from today and on such surrender and executing a personal bond for Rs. 20,000/- (Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of the said Station House Officer, he shall be released on bail. It is made clear that no further extension of time will be granted. The petitioner shall cooperate with the investigation and he shall

appear before the police once in a fortnight i.e. on second and fourth Saturday between 10.00 a.m. and 01.00 p.m. till filing of charge-sheet.

___________________________ LALITHA KANNEGANTI, J 07th March 2022 ksld