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High Court for State of TelanganaCRLP/3300/2021allowed no costs

Mekala Rajashekar Reddy v. The State Of Telangana

2021-04-29G Sri Devi5 pages

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IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THURSDAY ,THE TWENTY NINETH DAY OF APzuL TWO THOUSAND AND TWENTY ONE :PRESENT:

THE HONOURABLE JUSTICE G SRI DEVI CRIMINAL PETITION NO: 3300 OF 2021 Between:

Mekala Rajashekar Reddy, S/o Yadi Reddy Petitioner/Accused AND The State ofTelangana, Rep. by its Public Prosecutor High Court for the State of Telangana Hyderabad.

Respondent Petition under Section 437 & 439 of Cr.P.C, praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioner / Accused on Regular Bail in Crime No. 99 of 2021 on the file of Shankerpally Police Station Cyberabad District The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of P VISHNUVARDHANA REDDY Advocate for the Petitioner, THE PUBLIC PROSECUTOR lor the Respondent and the Court made the following.

ORDER

,\ "Y THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION NO.33OO OF 2027 ORDER:

This Criminal Petition, under Sections 437 and 439 of the Code of Criminal Procedure, 197 3 , is filed by the petitioner/ accused seeking to grant bail to him in connection with Crime No.99 of 2O2l of P.S. Shankarpally, Cyberabad, registered for the offence punishable under Section 304 Part II of the Indian Penal Code and under Sections 181 and 185(a) of the Motor Vehicles Act, 1988.

Heard the learned counsel appearing for the petitioner, learned Assistant Public Prosecutor appearing for the respondentState and perused the record. Learned counsel for the petitioner submits that the petitioner has no intention to cause death of any person. It is further submitted that the petitioner is in custody since 08.O3.2021. All the material witnesses have already been examined and the entire investigation is completed except filing of charge sheet. He is willing to abide by any terms and conditions that are imposed by this Court in the event of granting his bail. Hence, it is prayed to enlarge the petitioner on bail. Learned Assistant Public Prosecutor appearing for the State opposed to grant bail to the petitioner but conceded to the fact that he has been in custody since 08.03.2O21.

In Sheru v. Narcotics Control Bureaul, a three Judge Bench of the Apex Court, while granting bail to a person in a case filed under the Narcotic Drugs and Psychotropic Substances Act in I crl.A.Nos.585 and 586 of 2O2O, dated 11.09.2O2O

-( & view of unusual times of the COVID-19 pandemic, held that they consider it appropriate to enlarge the petitioner on bail on terms and conditions to the satisfaction of the trial Court. In view of the judgment of the Apex Court in Sheru's case (1 supra), having regard to the fact that the petitioner is in jail since 08.03.2027 and looking into the nature of allegations levelled against the petitioner and also in view of the peculiar conditions of pandemic COVID-19 prevailing in the country, without delving into the merits of the matter, I am inclined to grant bail to the petitioner.

The Criminal Petition is allowed and the petitioner is directed to be released on bail, subject to the following terms and conditions:

(i) The petitioner shall be released on bail on his executing a personal bond to the tune of Rs.1,00,000/- (Rupees one lakh only) with two sureties for a like sum each to the satisfaction of the Judicial First Class Magistrate, Chevella, Ranga Reddy District.

(ii) Commencing from the month of June, 202 1, the petitioner shall appear before the investigating authorities on every first Saturday between 10.00 am and 5.00 pm till completion of investigation and filing of final report.

(iii) The petitioner shall not be indulged in similar type of offences in future and if it is found that he is indulged in similar type of offences in future, the liberty granted to him shall automatically stand *-4

cancelled and he would be taken into custody forthwith (iv) The petitioner shall personally appear before the each date of hearing till Court concerned on conclusion of trial.

(v) The petitioner shall not interfere with the investigation, intimidate or induce the material witnesses and sha11 cooperate with the investigating agency.

(vi) The petitioner shall not misuse the liberty granted to him.

Miscellaneous applications, if any, pending, shall stand closed.

l SD/- R. KARTHIKEYAN ASSISTANT REGISTRAR //TRUE COPY// SECT OFFICER To, I J The Judicial First Class Magistrate at Chevella, R.R. District The Superintendent, Cherlapally Central prison, Rangal Reddy District The Station House Officer, Shankerpally police.statiin, Cyberabad One CC to SRI. P VISHNUVAUUaNa REDDY Advocate tOpUCl Two CC's to Public Prosecutor, High Court for the State of Telangana at Hyderabad (OUT)

6. One spare copy Avs l

/ HIGH COURT GSDJ DATED:.Z91041202L

ORDER

CRLP.No.3300 of 2021 9R -tHE S74 ECIA,A u in ?g/{pfr 2ut ,0 '* ) BAIL \