Nomula Dayanand v. The State Of Telangana

123321 HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY, THE FIRST DAY OF MAY TWO THOUSAND AND NINETEEN :PRESENT:

THE HON'BLE SRI JUSTICE SANJAY KUMAR .-f,..

CRIMINAL PETITION NO: 2411 OF 2019 Befween:

Nomula Dayanand, S/o.Nomula Althaiah Goud, ......PetitioneriAccused AND The State ofTelangana, represented by its Public Prosecutor, High Court for the State of Telangan4 At Hyderabad ....Respondent/Complainant Petition under Section 438 of CI.P.C, praying that in the circumstances stated in the affidavit filed in support of the Criminal PetitiorL the High Court may be pleased to release the petitioner in the event of his arrest in Crime No.337 of 2019 on the file of the Vanasthalipuram Police Station, Rachakonda Commissionerate, Ranga Reddy District The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of MR.A.PRABHAKAR RAO Advocate for the Petitioner and of the PUBLIC PROSECUTOR (TG) for Respondent, the Court made the following.

ORDER

I HONOURABLE SRI ]USTICE SANJAY KUMAR CRIMINAL PETITION No,2411 of 2019 ORDER:

?

The petitioner is the sole accused in Crime No.337 of 2019 on the file of Vanasthalipuram Police Station, Rachakonda District, registered under Section 406 I.P.C. By way of this petition filed under Section 438 Cr.P.C., the petitioner/accused seeks grant of anticipatory bail.

The case of the prosecution against the petitioner, the Sarpanch of Injapur Village, is that he granted a building permission though he had no power to do so.

As to whether such an act of the petitioner/accused would constitute an offence under Section 406 LP.C. would have to be examined.

In that view of the matter, this Court is of the opinion that the petitioner/accused would be entitled to grant of pre-arrest bail on conditions.

The Criminal Petition is accordingly allowed. In the event of arrest of the petitioner, the accused in Crime No.337 of 2019 on the file of Vanasthalipuram Police Station, Rachakonda District, he shall be released on bail upon his furnishing a personal bond for a sum of Rs.10,000/- (Rupees Ten thousand only) along with two sureties for a like sum each to the satisfaction of the Station House Officer, Vanasthalipuram Police Station, Rachakonda District. He shall however abide by the conditions prescribed in Section 438 (2) Cr.P.C.

\ sd/- T.NAGESH ASSISTANT TRAR //TRUE COPY/I F,oT ASSISTANT REGISTRAR

To

1. The XXIV Additional Metropolitan Magistrate Cyberabad at Hayathnagar, Ranga Reddy District.

2. The Station House Officer, Vanasthalipuram Police Station, Rachakonda Commissionerate, Ranga Reddy Dishict.

3. One CC to MR.A.PRABHAKAR RAO Advocate [OPUC]

4. Two CCs PUBLIC PROSECUTOR (TG), High Court for the State of Telangan4 at Hyderabad (OUT)

5. One spare oopy

i HIGHCOURT V SK,J IJ DATED: 1.5.2019 CRL.P.NO.24r1 oF',2019 ANTICIPATORY BAIL *$ * t'