Mandra Venkanna v. The State Of Telangana

HONOURABLE Dr.JUSTICE G.RADHA RANI CRIMINAL PETITION No.4267 OF 2024 ORDER:

This Criminal Petition is filed under Section 438 of Code of Criminal Procedure, 1973 (for short "Cr.P.C.") seeking anticipatory bail to the petitioner-A2 in Crime No.60 of 2024 on the file of Nalgonda II Town Police Station, Nalgonda District, registered for the offence under Section 386 read with 109 of Indian Penal Code (for short 'IPC'). 2.

The case of the prosecution in brief was that on 01.03.2024 at 10:00 hours, the de-facto complainant came to the police station and lodged a report before the police stating that she along with some other workers were appointed as outsourcing employees in Government Headquarters Hospital, Nalgonda through Sai Agencies, but the said Sai Agencies were not giving salaries for their work. For the last one year, they were not getting salaries in time and the Agency also refused to increase salaries and was harassing them. She along with her colleagues requested the owner of Sai Agencies by name D.Sami Reddy and Mandra Venkanna (the petitioner herein) who was in charge of Sai Agencies and who was monitoring the employees, but they refused their request. On 01.03.2024 at 10:00 hours, she along with her colleagues went to Government Headquarters Hospital, Nalgonda to attend their duties and while they were performing their duties, the petitioner-A2 chased them by holding stick and threatened them with

dire consequences and warned that if they would ask about salaries, they would kill them. Due to which she and others ran away from there in fear of death. Due to the acts committed by A1 and A2, they also attempted to commit suicide by swallowing sleeping pills. The same was observed by some co-workers and admitted them in the hospital. Basing on the said report, the above Crime was registered against A1 and A2. 3.

Heard the learned counsel for the petitioner-A2 and the learned Additional Public Prosecutor for the respondent - State. 4.

Learned counsel for the petitioner-A2 submitted that A1 was running an outsourcing agency by name Sai Agencies and was providing outsourcing employees. The petitioner was working in the said organization. He was no way concerned with the payments to the complainant and others. A1 was the main person in dealing with the Sai Agencies. The offence under Section 386 of IPC would not attract to the present petitioner and prayed to enlarge the petitioner on anticipatory bail. 5.

Learned Additional Public Prosecutor opposed grant of anticipatory bail to the petitioner stating that there were grave allegations against the petitioner that he chased the employees by holding a stick and also threatened them with dire consequences if they demand for their salaries which was due to them.

6.

Perused the record. Considering that the offence under Section 386 of IPC prima facie, would not attract to the facts of the case and there was no other offence registered against him and the payment of salaries or increase in salaries was not in the hands of the present petitioner or the Agency and the Government has to take a decision on it and release the said amounts, it is considered fit to enlarge the petitioner-A2 on anticipatory bail on certain conditions.

7.

Accordingly, the Criminal Petition is allowed and the petitioner-A2 shall be released on anticipatory bail subject to the following conditions:

1) The petitioner-A2 is directed to surrender before the Station House Officer, Nalgonda II Town Police Station, Nalgonda District within a period of 15 days from the date of this order. On such surrender, the said Station House Officer shall release the petitioner-A2 on bail, on his executing a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties for a like sum each to the satisfaction of the said Station House Officer.

2) The petitioner-A2 shall abide by the conditions stipulated under Section 438(2) of Cr.P.C.

Miscellaneous applications, pending if any, shall stand closed. _____________________ Dr. G.RADHA RANI, J Dated: 25.04.2024 dsv

THE HONOURABLE DR.JUSTICE G.RADHA RANI CRIMINAL PETITION No.4267 OF 2024 Dated:25.04.2024 dsv