Odela Venkatesh , Vodela Venkatesham v. The State Of Telangana

[ 31581

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

THURSDAY, THE THIRD DAY OF JUNE TWO THOUSAND AND TWENTY ONE :PRESENT:

THE HONOURABLE JUSTICE G SRI DEVI CRIMINAL PETITION NO: 4002 OF 2021 Between:

1. Odela Venkatesh @ Vodela Venkatesham, S/o. Guruvaiah.

2. Odela Jamuna @ Vodela Vani, Wo Vodela Venkatesham. Petitioners/Accused Nos.1 & 2 AND 1 . The State of Telangana, through S.H.O., P.S. Valgatoor, represented by Public Prosecutor, High Court at Hyderabad.

2. Boppa Kalyani, Wo. Peddiraju, Occ. Business, R/o. Chegyam Village, Velgatoor Mandal, Jagtial District.

RespondenUComplainant Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the Criminal Petition, the High Court may be pleased to grant anticipatory bail to the petitioners/ Accused No. 1 and 2, by directing the S.H.O. P.S. Velgatoor, Jagtial District or any arresting officer to enlarge them on bail in the event of their arrest in connection with Crime. No. 104 of 2021 , of P.S. Velgatoor, Jagtial District. The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri K VENUMADHAV, Advocate for the Petitioners, Asst. PUBLIC PROSECUTOR for the Respondent NO.1, the Court made the following.

ORDER:

THE HONOURABLE JUSTICE G. SRI DI'VI CRIMINAL PETITION No.4OO2 of 2O2l ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by the petitioners/Accused r ?

Nos. 1 and 2 seeking to grant anticipatory bail in the event of their arrest in connection with Crime No. 104 of 2O2l of Valgatoor Police Station, Jagtial District, which was registered for the offences punishable under Sections 29O, 323, 42O and 5O6 read with 34 I.P.C. and Section 3 (i) (r) (s), 3 (2) (va) of the SCs & STs (POA) Amendment Act, 20 15.

2.

Heard learned counsel appearing for the petitioners, learned Assistant Public Prosecutor appearing for the respondent-State and perused the record.

3.

As seen from the compliant, the only allegation against ,1'r" 1st petitioner is that the complainant has given an amount of Rs.6,18,000/- to the l"t petitioner about four years back without obtaining any receipt from the lst petitioner. It is further alleged that that after four years on 17.O3.2O21 when the complainant has asked the 1"t petitioner to return the said amount, then both the petitioners along with family members and friends have asked her in the Verandah of Gram panchayat by taking her caste name as to why she need panchayat and assaulted her. But, however, the de facto complainant has lodged the complaint on 03.04.202 1. Except bald statement regarding lodging of the complaint at belated stage that she had taken her physically disabled son to the hospital, no material whatsoever has been filed by the complainant t t I

regarding the ailment of her son or taking him to the hospital for treatment on 17 .03.2O21 .

4.

Learned Assistant Public Prosecutor opposed to grant anticipatory bail to the petitioners.

5.

Thus looking into the nature of allegations levelled against the petitioners / Accused Nos.l and 2 and other facts and circumstances of the case, without adverting into the merits of the case, I am inclined to grant anticipatory bail to the petitioners/Accused Nos. 1 and 2.

6.

Accordingly, the Criminal Petition is allowed and the petitioners/accused Nos. 1 and 2 are granted anticipatory bail subject to the following terms and conditions: (1) The petitioners/ accused Nos. 1 and 2 are directed to surrender before the Station House Officer, Velgatoor Police Station, Jagtial District, within a period of four (04) weeks from the date of this order and on such surrender, the said Station House Officer sha1l release them on bail on their executing a personal bond to the tune of Rs.3O,00O/- (Rupees Thirty thousand only) each with two sureties for a like sum each to the satisfaction of the said Station House Officer.

(2) Further, the petitioners/ accused Nos.l and 2 shall appear before the Investigating authority on 2nd and 3'd Saturday of every month between 10:00 AM and 5:00 PM till completion of investigation and filing of charge sheet.

(3) The petitioners/ accused Nos. 1 and 2 shall abide by the other conditions stipulated in Section 438(2) Cr.P.C and co-operate with the Investigating Officer in inv65ligfting the case.

't 4 oL <ni - B' sATYAv -"'oss'stoNt ilEl.,** \ /,TRUE COPY/'

SEC OFFICER

_>

1. The Judicial First Class Magistrate at Peddapally.

2. The Station House Officer, P.S. Valgatoor, Jagtial District.

3. One CC to SRI K VENUMADHAV Advocate IOPUC]

4. Two CCs to PUBLIC PROSECUTOR, High Court at Hyderabad. (OUT)

5. One sDa re ccpy mvj

r HIGH COURT r GSD,J DATED:03 10612021

ORDER

'rlE ectA o a z I 0 3 JUil 2021 /t * .SPATC!! ca) CRLP.No.4002 of 2021 BAIL