High Court for State of TelanganaCRLP/5407/2015dismissed

P. Oblesu, v. State Of Telangana,

2015-07-01Raja Elango3 pages

THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.5407 of 2015 ORDER:

1. This Criminal Petition is filed by the petitioner-accused under Sections 437 & 439 Cr.P.C. seeking to grant bail in S.C.No.85 of 2015 on the file of the Metropolitan Sessions Judge, Hyderabad.

2. The petitioner is alleged to have committed the offence punishable under Sections 307, 364-A r/w 511, 419 IPC and Section 25(1), 27(2) of the Arms Act, 1959. It is alleged that earlier the petitioner committed theft of AK 47 and in that connection, a case in Crime No.67 of 2014 of P.S. Narsingi, was registered and in the said crime, he was enlarged on bail. While enjoying the order of bail, the petitioner committed the offence during the month of February, 2014 and in that connection, a case in Crime No.1400 of 2014 of P.S. Banjara Hills, was registered against him and he was again enlarged on bail.

While enjoying the orders of bail, the petitioner again committed the present crime in the month of November, 2014. Earlier applications filed by the petitioner for bail were dismissed on the ground that the petitioner is a regular offender.

3. Learned Counsel for the petitioner submitted that the petitioner is suffering from aids and further, there is no possibility of completion of trial by the trial Court within a period of six months since P.W.1, who is the victim in the present case, is staying in USA.

4. Heard and perused the material available on record.

5. From the material on record, it is apparent that the petitioner while enjoying the orders of bail in others crime, committed the offence in the present case. Therefore, he cannot be released on bail. The petitioner being a constable and knowing the consequences and the law of the land, committed grave offences and therefore, this Court is

not inclined to grant bail to the petitioner.

6. Accordingly, the Criminal Petition is dismissed. _______________ RAJA ELANGO, J Dated:1.7.2015 Nn

THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.5407 of 2015 1.7.2015 Nn