Mouriya Prahlad v. The State Of Telangana

I

IN THE HTGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

TUESDAY, THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY :PRESENT:

THE HONOURABLE SRI JUSTICE K.LAKSHMAN CRL.P. NO: 3653 OF 2020 Between:

Mouriya Prahlad, S/o. Dasu, Petitioner/Accused AND The State of Telangana, Rep.by the Public Prosecutor, High Court of Telangana at Hyderabad .....Respondent/Complainant Petition under Sections 437 & 439 of Cr.P.C. praying that in the circumstances stated in the petition filed herein, the High Court may be.pleased to grant bail to the petitioner/ accused in S.C. No.43 of 2001 on the file of the I Addl. District and Sessions Judge, at Khammam in the interest of justice. The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Smt Uma Devi Nama, Advocate for the Petitioners, and of Assistant Public Prosecutor for the respondent, the Court made the following.

ORDER

TEIII HON'BLE JUSTICE K.LAKSHMAN C]TIMINAL PETITI ON No.3653 OF 2020 ORDER:

This petition is filed seeking to grant regular bail under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (Cr.P.C.). The Petitioner is Accused No.4 in S.C. No.43 of 2001 on the file of I Additional District and Sessions Judge at Khammam. The offences alleged against him are under Sections 148 and 302 read with 149 of tl.re Indian Penal Code, 1860.

2. Mrs. Uma Devi Nama, learned counsel for the petitioner, would submit that the petitioner is in judicial custody from 03.02.2020 and the other Accused were already acquitted on merits. The petitioner would abide by any of conditions that may be imposed by this Courl and, therefore, sought to grant bail to the petitioner.

3. On the other hand, the leamed Assistant Public Prosecutor would submit that since the petitioner absconded, the trial Court issued Non-bailable warrant and in pursuance of the same, with great difficulty, the u arrant could be executed. He would furlher submit that if the petitioner is released on bail, it would be very difficult to get his presence on every date of hearing and, therefore, sought to dismiss the petition.

4.

On perusal of material on record, it shows that the prosecution originally filed charge sheet against the petitioner - accused No.4 and six other accused for the offences punishable under Sections 148 and 302 read with 149 IPC and the same was numbered

I \ ) as S.C. No.98 of 1995. Since the petitioner was absconded, the case was split up and numbered it as S.C. No.43 of 2001 and issued Nonbailable warrant against him, while proceeding with the case in S,C. No.98 of 1995, which was ended in acquittal. Pursuant to the Nonbailabte warrant, the police arrested and produced the petitioner on 03.02.2020 and since then he is in jail. In the said circumstances, this Courl is inclined to grant bail to the petitioner.

5. Accordingly, the present Criminal Petition is allowed granting bail to the petitioner with the following conditions: i) The petitioner' - Accused No.4 shall fumish a personal bond for an amount ofRs.10,000/- (Rupees ten thousand only) with two (02) sureties for tike sum each to the satisfaction of the I Additional District and Sessions Judge, Khammam; and ii) He shall appear before the I Additional District and Sessions Judge, Khammam on each and every date of hearing in S.C. No.43 of 2001 in accordance with the Schedule that would be fixed by the Sessions Court. As a sequel, miscellaneous petitions, if any, pending in this I criminal petition shall stand closed.

\ SD/- N. Ci'lANDr<rlsEKt{ARA B'qO ASSTSTANT R EGIST ll'tfl)"coPYll SECTI N OFFICER \

To The I Addl. District and Sessions Judge, at Khammam t' The Addl. Judicial First Class Magistrate, Kothagudem The Superintendent, District Jail, Khammam The Station House Officer, Kothagudem II Town Police Station, Kothagudem Two CCs to the Public Prosecutor, High Court at Hyderabad (OUT) One CC to Smt Uma Devi Nama, Advocate (OPUC) One spare copy.

HIGH COURT KL,J DATED: 08.09.2020 OF f"\ ( z t, lr d.\2 tO \o \ ORDER:

CRLP. NO: 3653 of 2O2O BAIL