Saleshwaram Kavali v. The State Of Telangana

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO. 2416 of 2022 ORDER:

This Criminal Petition under Section 438 Cr.P.C. is filed by petitioner - sole accused seeking bail in the event of his arrest in connection with Crime No. 8 of 2022 on the file of Pedakothapally Police Station registered for the offences punishable under Sections 304-II of Indian Penal Code and Section 136 (1) (A) of Electricity Act, 2003.

2.

Briefly stated the case of the prosecution is that, a complaint was received on 15.01.2022 from the Village Secretary of Achampet stating that a person died due to electric shock when he tried to cross the fields of one Chinthapalli Ranga Reddy since the fencing was given electrical connection to prevent any pests from entering the fields such as wild boars, pigs, etc. For the said reason the police registered a crime.

3.

Heard the learned Counsel for the petitioner and learned Public Prosecutor.

4.

The learned Counsel for the petitioner submits that even according to the prosecution case the lands belongs to one Chinthapalli Ranga Reddy and he has nothing to do with the fencing or giving electrical connection to the fencing of the land. However, the learned Pubilc Prosecutor submits that the said land was taken on lease by the present petitioner. 5.

As can be seen from the facts of the case, the deceased, while trying to cross the fencing, came into contact with the electric shock, to which there was electrical connection and died. The said electrical connection was to prevent any pests from entering into the fields. However, the petitioner can be granted anticipatory bail.

6.

The Criminal Petition is accordingly allowed and the petitioner/accused is granted anticipatory bail subject to the following terms and conditions:

(1) The petitioner/accused is directed to surrender before the Station House Officer, Peddakothapalli Police Station, and on such surrender, the said Station House Officer shall release the petitioner/accused on bail on his executing a personal bond to the tune of Rs.25,000/- (Rupees twenty five thousand only) with two sureties to the like sum each to his satisfaction.

(2) The petitioner/accused shall abide by the other conditions stipulated in Section 438(2) Cr.P.C and co-operate with the Investigating Officer in investigating the case.

(3) The petitioner shall attend the concerned police on every 2nd and 4th Sunday for a period of three months or till filing of charge sheet, whichever is earlier.

Miscellaneous applications, if any pending in this criminal petition, shall stand closed.

________________ K.SURENDER,J Date :30.03.2022 tk/trr

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO. 2416 of 2022 Dt.30.03.2022 tk/trr