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High Court for State of TelanganaCRLP/4755/2023allowed no costs

Mohammed Salman, v. The State Of Telangana

2023-06-01B.Vijaysen Reddy4 pages

THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY CRIMINAL PETITION No.4755 of 2023 ORDER:

This Criminal Petition is filed under Section 438 of Code of Criminal Procedure (Cr.P.C.) seeking anticipatory bail to the petitioner/accused No.1 in the event of his arrest in connection with Crime No.78 of 2023 of Yacharam Police Station, Rachakonda Commissionerate, registered for the offences punishable under Sections 448, 195-A, 504 and 506 of Indian Penal Code (IPC).

2.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor representing the respondent-State. Perused the record.

3.

As per the report lodged by the informant, one Md. Sufiyan, S/o. Khadhar introduced Crypto Currency Estore Indi Online Company, wherein the informant made investments and thereafter, basing on the above transaction, Md. Sufiyan was sent to jail by the police on 06.03.2023. Having bore grudged for the same, the brother of Md. Sufiyan came to the scrap shop of the informant at about 1230 hours and questioned him as to how he gave evidence against the

Md. Sufiyan. The informant was further threatened that he has to face the consequences after Md. Sufiyan is released from jail. 4.

Learned counsel for the petitioner submitted that the offence under Section 195-A of I.P.C. is not attracted, as the instant case is not of threatening the informant to give evidence. The only allegation against the petitioner/accused No.1 is that the accused bore grudged against the informant for giving false evidence wherein Md. Sufiyan was involved in a criminal case. 5.

A perusal of the record would prima facie disclose that the offence under Section 195-A IPC is not attracted to the allegations levelled against the petitioner/accused No.1. In the said circumstances, the request of the petitioner for grant of anticipatory bail can be considered on the following conditions: i) The petitioner/accused No.1 is directed to surrender before the Court concerned within a period of two weeks from the date of receipt of a copy of this order. On such surrender, he shall be enlarged on bail, on his executing a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties for a likesum each to the satisfaction of the Court concerned. ii) Further, the petitioner/accused No.1 shall appear before the Station House Officer concerned on 2nd and 4th Sunday of every month between

10:00 A.M. and 12:00 Noon, until the charge sheet is filed.

iii) The petitioner/accused No.1 shall abide by the other conditions stipulated under Section 438 (2) of Cr.P.C., and shall cooperate with the Investigating Officer in investigating the case.

6.

Accordingly, the Criminal Petition is allowed. ________________________ B.VIJAYSEN REDDY, J Date:01.06.2023 YVL/KH

THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY CRIMINAL PETITION No.4755 of 2023 Date:01.06.2023 YVL/KH