Madasu Naga Durga Prasad v. State Of A.P.,

HIGH COURT OF JUDICATURE AT HYDERABAO FOR THE STATE OF TELANGANA ANO THE STATE OF ANDHRA PRADESH FRIDAY, THE SECOND DAY OF MARCH, TWO THOUSAND AND EIGHTEEN : PRESENT:

THE HONOURABLE SMT JUSTICE T. RAJANI CRLP.No.2222of 2018 Between:- Madasu Naga Durga Prasad, S/o. M. Basava Venkata Nancharaiah. AND ..... Petitioner/Accused No.2.

State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Hyderabad at Hyderabad.

....RespondenVComplainant.

Petition filed under Sections 437 & 439 Cr.P.C. praying that in the circumstances stated in the Grounds of Criminal Petition, the High Court may be pleased to enlarge the petitioner on bail in FIR No. 644 of 2017,dated 18.09.201 7, of SHO, Krishna Lanka.

The petition coming on for hearing, upon perusing the memorandum of grounds filed in support thereof and upon hearing the arguments of lr//s. BS Kartik & Prasad ESR, Advocates for the Petitioner and of Public Prosecuto(AP) on behalf of Respondent-State, the Court made the following ORDER :-

SMT JUSTICE T.RAJANI CRIMINAL PETITION No.2222 OF 2018

ORDER

This Criminal Petition is filed seeking for grant of bail to the petitioner, who is accused No.2, in Crime No.644 of 2017 on the file of the Station House Officer, Krishna Lanka Police Station, Vijayawada, Krishna District.

2.

The offence alleged is under Section 420 of l.P.C 3.

Heard the learned counsel for the petitioner, learned Public Prosecutor appearing for the respondenlstate, and perused the record. 4.

Learned counsel for the petitioner submits that there is no allegation directly made against this petitioner, that he is the person who received amount from the de-facto complainant. 5.

But, however, learned counsel further submits, that the petitioner is languishing in jail since 24.01 .2018 and material part of the investigation is completed.

6.

Learned Public Prosecutor does not refute the said submission of the petitioner's counsel.

7.

Hence, considering the above, this Court opines that this is a fit case for grant of bail to the petitioner/accused No.2. Accordingly, the Criminal Petition is allowed and the petitioner/accused No.2 is directed to be enlarged on bail on his executing a personal bond for a sum of Rs.20,0001 (Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of the ll Additional Chief lt4etropolitan Magistrate, Vijayawada, Krishna District. Further, the petitioner/accused

No.2 is directed to appear before the Station House Officer, Krishna Lanka Police Station, twice in a week r.e., on every Monday and Wednesday in between '10:00 a.m. and 05:00 p.m., till filing of charge sheet. As a sequel, the miscellaneous applications, if any pending, shall stand closed.

tx-\ Sd/ - C.V.MALLIT(AR,JUNA VARMA ,ASSISTANT //TRUE COPY// for ASSISTANT REGISTRAR To 1.The Vll Additional District & Sessions Judge, Vijayawada-cum-lV Additional Ivietropolitan Sessions Judge, Vijayawada, Krishna District. 2.The ll Additional Chief Metropolitan lt4agistrate, Vijayawada, Krishna District. 3.The Station House Officer, Krishna Lanka Police Station, Vijayawada City, Krishna District.

4.The Superintendent, District Jail, Vijayawada, Krishna District. s.Two CCs to the Public Prosecutor(AP), High Court at Hyd.(OUT) 6.One CC to M/s. BS Kartik & Prasad ESR, Advocates(OPuc) 7.One spare copy.

-rvk

I DRAFTED BY TKK DT.02-03-2018.

ITIGH COURT TR.J DT.02-03-2018.

BAIL ORDER $ CRL.P.No. 2222 of 2018 RELEASE TIIE PETITIONER O\ BAIL.