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High Court for State of TelanganaCRLP/5028/2021allowed no costs

Papammagari Vinod Kumar v. The State Of Telangana

2021-07-13G Sri Devi5 pages

[ 3158 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE THIRTEENTH DAY OF JULY TWO THOUSAND AND TWENTY ONE :PRESENT:

,..

THE HONOURABLE JUSTICE G SRI DEVI CRIMINAL PETITION NO: 5028 OF 2021 ,,'

Between:

--{ Papammaga ri Vinod Kumar, S/o. Anjaneyulu .Z/. Sunke Chandrashekar, S/o. Shivkumar l/ Bodagama Jaqadeesh, S/o. Naganna /-

...Petitioners/Accused Nos.3, 6 and 7

AND 4he Stale of Telangana, rep. by its Pub c Prosecutor High Cou( of judicature at / Hyderabad.

...RespondenUComplainant 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., Alladurg Mandal Medak District to release the petitioners on bail in the event of their arrest in Crime No.52 of 2021 dated: 1610512021 registered by Police, Alladurg Mandal Medak District for the offences under sections 326,324, 448, 323, 504 r/w 34 lPC.

The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Mr. N. MANOHAR Advocate for the Petitioners and of Assistant PUBLIC PROSECUTOR for the Respondent, the Court made the following.

ORDER:

THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION NO.5O28 OF 2O2L ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.), is filed by the petitioners/Accused Nos.3, 6 and 7 , for grant of anticipatory bail in the event of their arrest in connection u,ith Crime No.52 of 2O2l on the file of Alladurg Police Station, Medak District, registered for the offences punishable under Sections 324, 448,323 and 504 read with 34 LP.C.

2. Heard the learned counsel for the petitioners/Accused Nos.3, 6 and 7, the learned Assistant Public Prosecutor representing the respondent-State and perused the record.

3.

Learned counsel for the petitioners vrould submit that the petitioners are innocent of the offences alleged against them; that the complainant suppressed the fact that he himself and others have picked up a quarrel, attacked and beat the petitioners herein for petty reason and accordingly, the petitioners have lodged a complaint against the complainant before the very same police station and the same was registered as a case in Crime No.51 of 2O2l for the offences punishable under Sections 354, 324, 323 and 504 read with 34 I.P.C; that the complainant by suppressing the said fact, has foisted a false complaint against the petitioners

and others; that accused Nos.1, 4 and 5 were granted regular bail and accused Nos.2, 8 to 13 were granted anticipatory bail by the Courts concerned and ultimately, prayed this Court to grant anticipatory bail to the petitioners.

4.

Learned Assistant Public Prosecutor representing the respondent-State opposed to grant anticipatory bail to the petitioners/Accused Nos.3, 6 and 7.

5.

As seen from the contents of the petition, there are cases and counter cases between the petitioners and the complainant. Moreover, the other accused have already been granted bail by the Courts concerned.

5. Having regard to the same arrd considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners/Accused Nos.3, 6 and 7 on some conditions.

6.

Accordingly, the Criminal Petition is allowed and the petitioners/Accused Nos.3, 6 and 7 are gralted anticipatory bail subject to the following terms and conditions:

(1) The petitioners/Accused No.3, 6 and 7 are directed to surrender before the Station House Officer, Alladurg Police Station, Medak District, within a period of fifteen (15) days from the date of this order. On such surrender, the said Station House Officer shall release the petitioners/Accused Nos.3, 6 andT on bail on their executing personal bond for r.

a a sum of Rs. 15,000/- (Rupees Fifteen Thousand only) each with two sureties for a like sum each to his satisfaction.

(2) Further, the petitioners/Accused Nos.3, 6 and 7 shall appear before the Investigating Officer on every Monday between 1O.O0 AM and 2.00 PM, till completion of investigation and filing of final report.

(3) The petitioners/Accused Nos.3, 6 and 7 shal1 abide by the conditions stipulated in Section 438(2) Cr.P.C and co-operate with the investigating officer in investigating the case.

Miscellaneous applications, if any, pending shall stand c1o sed.

Sd/- T.TIRUMALA DEVI tA SSISTANT REGISTRAR t--!

//TRUE COPY'/ SECTION OFFICER To, l.TheJudicialFirstClassMagistrateAndoleatJogipet.

2. The Vlll Additional District and Sessions Judge at Medak'

3. The Junior Civil Judge Cum- Judicial First Class Magistrate Andole at Jogipet'

4. The Station House Officer' Police Station' Alladurg Mandal Medak District'

5. One CC to Mr' N MANOHAR' Advocate [OPUC] 6 Two CCs to PUBLIC PROSECUTOR' High Court for the State of Telangana at HYderabad IOUTI'

7. One spare coPY ZEE

HIGH COURT GSDJ DATED:13/0712021 .<E ,'^( /;i (!{ t,5h $ _s t

ORDER

f 'l e ;/ )r:

CRLP.No.5028 of 2021 BAIL