Thukkani Rami Reddy v. The State Of Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA

ATHYDERABAD THTIRSDAY,THE TWENTY NN\t'TH DAY OF APRIL TWO THOUSAND AND TWENTY ONE,-- - :PRESENT:

THE HONOURABLE JUSTICE G SRI DEVI.-- CRIMINAL PETITION NO: 3225 OF 202r Between:

Thukkani Rami Reddy, S/o. Pichi Reddy Petitioner/Accused No.5 AND The State ofTelangana, rep. by Public Prosecutor, High Court for the State ofTelangana At Hyderabad.

Respondent/Co m pla i n a n t z 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 enlarge the petitioner / Accused No. 5 on anticipatory bail in the event of his arrest in F.I.R. No. 36 of 2021 on the file of Aswapuram Police Station, Bhadradri Kothagudem District ,- The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the,,arguments of P VISH6vARDHANA -Mdl' /''

REDDY Advocate for the Petitioner, THE^PUBLIC PROSECUTOR for the Respondent and the Court made the following.

ORDER

HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION NO.3225 OF 2O2I ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.), is filed by the petitioner/A-5, for grant of anticipatory bail in Crime No.36 of 2O2l of P.S. Aswapuram, Bhadradri Kothagudem District, registered for the offence punishable under Section 306 oi the Indian Penal Code. Heard the learned counsel for the petitioner/A-5, the learned Additional Public Prosecutor representing the respondent-State and perused the record.

In the FIR, it is inter alia stated that the de facto complainant lodged a complaint stating that he is the son of the deceased, that on the alleged date of occurrence, all the accused called the deceased and beat him up in a public place due to which the deceased suffered with grave mental agony and unable to bear the i same, he poured petrol over him and..set himseif ablaze. When shifted to the hospital, he succumbed to the burn injuries before he could reach the hospital. Hence, the complaint. i Learned counsel for the petitioner/A-S would submit that the petitioner is an innocent person and never committed any i offence as alleged by the respondent-police. It is further submittcd that the petitioner is a law-abiding citizen and has nothing to do with the alleged offence. Further, he is ready to give sufficient sureties to the satisfaction of this Court to secure his presence on each and every date of hearing to face the trial and also ready to abide by the terms and conditions if any that may be imposed by

\ this Court for his release. Hence, he prayed to grant anticipatory bail to the petitioner/A-5.

Learned Additional Public Prosecutor representing the respondent-State opposed to grant anticipatory bail to the petitioner/A-5.

As seen from the contents of the FIR, it seems that taking advantage of death of his father, the complainant has included the name of the petitioner as there were disputes with respect to lands pertaining to the deceased.

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-5. Accordingly, the Criminal Petition is allowed and the petitioner/A-S is directed to surrender before the Station House Officer, P.S. Awapuram, Bhadradri Kothagudem, within a period of 15 days from the date of this order. On such surrender, the said Station House Officer shall-.release the petitioner/A-S on bail, on his executing personal bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two sureties for a like sum each to his satisfaction. On such release, the petitioner/A-S shall also abide by the conditions stipulated in Section 438(2) Cr.P.C and cooperate with the investigating ofhcer in investigating the case. Miscellaneous applications, if any, pending shall stand closed.

sDl- I.NAGA IAKSHMI- "' t55r5rANT REGISTRAR //TRUE COPY, SECTION OFFICER ' "

i lt-i#l*t*mffiffi";;d;,

5. One sPare coPY r

HIGH COURT GSDJ i DATED:29/04/2021 -1:;- .1ar/'c^a /^*?* 'CE !-L i-r'2 /lP-d llF i.

ri --ls.\\ "LNs 1 \ + +

ORDER

CRLP.No.3225 of 2021 BAIL