Kadiyam Srinivas Rao v. The State Of Telangana

[ 31s8 I

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

FRIDAY, THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY ONE "- :PRESENT:

THE HONOURABLE JUSTICE G SRI DEVI ..

CRIMINAL PETITION NO: 4340 OF 2021 ,''

Between:

Kadiyam Srinivas Rao, S/o Late Satyanarayana Petitioner/Accused No.6 AND The State of Telangana, rep by SHO, PS, Badrachalam Town, Rep by its Public Prosecutor, High Court at Hyderabad.

RespondenUComplainant Petition under Section 437 & 439 of Cr.P.C, praying that in the circumstances stated in the Criminal Petition, the High Court may be pleased to enlarge the petitioner/A6 on bail in connection with Crime No. 88 of 2021 of PS, Badrachalam Town.

The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri J ASHVINI KUMAR, Advocate for the Petitioner, Asst. PUBLIC PROSECUTOR for the Respondent, the Court made the following.

ORDER:

/ )r'

THE HONOURABLE JUSTICE G. SRI DEVI , CRIMINAL PETITION NO .4340 0F 2021 ORDER:

This Criminal Petition, under Sections 437 and 439 ol the Code of Criminal Procedure, 1973, is filed by the petitioner/A-6, seeking to grant bail to him in connection with Crime No.B8 of 2O2l of P.S. Bhadrachalam Town, Bhadradri Kothagudem District, registered for the offences punishable under Sections 4O8, 42O and 380 of the Indian Penal Code.

) Heard the learned counsel appearing for the petitioner, learned Assistant Public Prosecutor appearing for the respondentState and perused the record. Learned counsel for the petitioner submits that the petitioner is innocent of the crime alleged and that the police have foisted a lalse case against him. It is further submitted that the petitioner is in custody since 06.05.2021. He is rvilling to abide by any terms and conditions that are imposed by this Court in the event of granting him bail. Hence, it is prayed to enlarge the petitioner/A-6 on bail.

Learned Assistant Public Prosecutor opposed to grant bail to the petitioner/A-6.

The only allegation against the present petitioner is that he advised A-5 and also supplied him three electric meters to replace the original meters and get less electricity billing in the premises of A-5 where he is running zym. It is further submitted that the petitioner is in custody since O6.05.2021 and there are no previous criminal antecedents.

Having regard to the fact that the petitioner is in jail since 06.05.2021 and looking into the nature of allegations levelled against the petitioner/A-6 and also in view of the peculiar conditions of pandemic COVID- 19 prevailing in the country, without delving into the merits of the matter, I am inclined to grant bail to rhe pet il ione r/ A-6.

The Criminal Petition is allowed and the petitioner/A-6 is directed to be released on bail, subject to the following terms and conditions:

(i) The petitioner/A-6 shall be released on bail on his executing a personal bond to the tune of Rs.30,000/- (Rupees thirty thousand only) with two sureties for a like sum each to the satisfaction of the Judicial First Class Magistrate at Bhadrachalam. (ii) Commencing from the month of July, 202 1 , the petitioner/A-6 shall appear before the investigating authorities on every Sunday between i0.O0 am and 5.00 pm till completion of investigation and filing of final report.

(iii) The petitioner/A-6 shall not be indulged in similar type of olfences in future and if it is found that he is indulg'ed in similar type of offences in future, liberty granted to him shall automatically stand cancelled and he would be taken into custody forthwith. (iv) The petitioner/A-6 shall personally appear before the Court concerned on each date of hearing ti1l conclusion of trial.

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a ./ (") The petitioner/,{-6 shall not interfere with the investigation, intimidate or induce the material witnesses and shall cooperate with the investigating agency.

(vi) The petitioner/A-6 shall not misuse the liberty granted to him.

Miscellaneous applications, if any, pending, shal1 stand closed.

/,TRUE COPY,, SECTION OFFICER To, \ l'. an" ,uo'"'"I First Class Magistrate at Bhadrachalam' -r.

tn" a,O""ntendent' Sub-Jail at Bhadrachalam'

+. fh" St'tion House Officer' PS' Badrachalat toll

5. One CC to SRI J ASHVINI KUMAR Advocate IOPUCI High Court at Hvderabad (OUT)

6. Two CCs to PUBLIC 'nO'e"UtO*'

7. One sPare coPY mvJ

HIGH COURT GSD,J DATED:1810612021 1EL,4, ,$ s \

ORDER

\i o hi "tlr CRLP.No.4340 ot 2021 -/ BAIL