Mr.Anjani Kumar (Wrongly Noted As Anjan Kumar) v. The State Of Telangana

[ 3168 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE TWENTY SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY ONE :PRESENT:

THE HONOURABLE SRI JUSTICE K.LAKSHMAN CRIMINAL PETITION NO: 4018 OF 2021 Between:

,,-Mr. Anjani Kumar (Wrongly noted as Anjan Kumar), S/o. PVL Koteshwar Rao ... Petitioner/Accused - 2 AND The State of Telangana, Rep. by its Public Prosecutor, High Court Building at Hyderabad Through P.S WCO Team-|, CCS, DD, Hyderabad. ,,.RespondenU Defacto-Complainant Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to direct the S.H.O P.S.WCO Team-|, CCS, DD, Hyderabad to release the Petitioner/Accuse-2 on Bail in the event of his arrest in connection with Crime No.2612021 on the file of P.S., WCO Team-|, CCS, DD, Hyderabad. The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of MR. C. KUMAR Advocate for ,-- the Petitioner and of PUBLIC PROSECUTOR for the Respondent, the Court made the following.

ORDER:

THE HONOURABLE SRI JUSTICE K. LAKSHMAN CRIMINAL PETITION No.4O18 OF 2O2L ORDER:

This is an application for anticipatory bail. The petitioner is accused No.2 in Crime No.26 of 2021 pending on the file of Central Crime Statiorr P.S., Hyderabad. The offences alleged against him are under Sections 465,468 and 471read with 34 I.P.C. Heard learned counsel for the petitioner and the learned Public Prosecutor. Perused the record 3.

A perusal of the complaint, dated 08.01.202 1 and also the Remand Report, dated 03.05.202 1 would reveal that the allegation against the petitioner herein/accused No.2 is that he has only accompanied his father/accused No,1 on the date ol incident. In the complaint itself, it is mentioned that on 26.09.20I6, the petitioner along with his father went to the office of the de facto complainant and in his absence, the father of petitioner threatened the office boy. Thus, there is a delay in lodging the complaint. Earlier on the complaint lodged by accused No. 1, father of the petitioner herein, police have registered a case in Crime No.98 of 20L7 ar,d the police after completion of investigation, filed final report treating it as 'civil in nature'. Therefore, accused No.1 filed a I Protection Petition and the same was allowed. The 2"d respondent filed a Criminal Revision Case challenging the said order and it is pending before this Court.

4.

The above stated facts rvould reveal that there are disputes between the petitioner, his lather and the de facto complainant u,ith regard to the subject property, which is specifica-I1, mentioned

in the complaint. There is no mention about the role played by the petitioner/accused No.2 in the commission of the offence in the complaint, dated 08.01.202 1. The police have already arrested A.1. 5.

Considering the said facts, this Court is inclined to grant anticipatory bail to the petitioner.

6.

Accordingly, this Criminal Petition is allowed and the petitioner herein is granted bail subject to the following conditions: i) The petitioner - Accused No.2 shall furnish a personal bond for an amount of Rs.10,000/- (Rupees ten thousand only) with two (02) sureties for a like sum each to the satislaction of the Station House Officer, P.S. WCO Team-I, CCS, DD, Hyderabad.

The petitioner - Accused No.2 shall appear before the ii) said Station House Officer, on every Sunday between 10.00 a.m. and 05.00 p.m. till completion of investigation and filing charge sheet.

The petitioner shall co-operate with the Investigating ii0 Officer.

CN /- T TIRUMALA DE\(t ii6rsrnr'rr neGr:;rRAR r-or-l '9 I/TRUE COPY// SE N OFFICER

1. The Xll Additional Chief Metropolitan Magistrate at Nampally Hyderabad' To,

2. The I Additional Metropolitan Sessions Judge at Hyderabad'

3. The S'H O ' P S ' WCO Team-l' CCS' DD' Hyderabad' ; ;;:;" to MR c KuMAR' Advocate toPucl for the state or Telansana at Hish court for the state of relansana ' lV3*".t?,i"fJ.l+?''t '*ot'"u'o*'

6. One spare coPY ZEE

HIGH COURT KLJ DATED:2710512021

ORDER

( OR TI, SPEC tA o ot + ?7 4tt 2q7 ft t CRLP.No.4018 ot 2021 ED4 +* BAIL