Royya Rajendra Prasad , Prasad v. The State Of Telangana
HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH TUESDAY, THE TENTH DAY OF APRIL, TWO THOUSAND AND EIGHTEEN : PRESENT:
THE HONOURABLE SRI JUSTICE M. SATYANARAYANA MURTHY CRLP .No. 3932 of 2018 Between:- Royya Rajendra Prasad @ Prasad, S/o. Krishnaiah ..... Petitroner/Accused No.1 'l AND The State of Telangana, through Nalgonda ll-Town P.S., Rep. by its Public Prosecutor, High Court of Judicature at Hyderabad. ... RespondenVComplainant Petition Iiled under Sections 437 & 439 of Cr.P.C. praying that in the circumstances stated in the Grounds of Criminal Petition, the High Court may be pleased to enlarge the Petitioner/A used A-1 t herein on regular bail in connection with Crime No. 20 of 2018 on the file of Nalgonda ll-Town P.S., Nalgonda District, for the offence U/Sec. 302 r/w. 34 IPC The petition coming on for hearing, upon perusing the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri G.R. Sudhakar, Advocate for the Petitioner and of Public Prosecuto(Ts) on behalf of Responden! State, the Court made the following ORDER :-
I l HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY , CRIMINAL PETITION No.3932 of 2O18 ORDER:
This Criminal Petition, under Sections 437 and 439 Cr.P.C, js filed by the petitioner/Al1 to enlarge the petitioner on bail in Crime No. 20 of 2018 of Nalgonda II Town Police Station, Nalgonda, Nalgonda District, registered for the oflences punishable under Section 3O2, 2O2, and 212 read with 34 IPC.
Heard learned counsel for the petitioner/A1 1. learned Public Prosecutor appearing for the respondent-State and perused the record.
Learned counsel for the petitioner submitted that the role played by the petitioner is allegedly harboured A1 and A2, which attracts an offence punishable under $ection 212 IPC. I Learned Public Prosecutor opposed to grant bail to the petitioner.
The case of the prosecution, in brief, is that the petitioner along with other accused allegedly caused the death of the deceased, u'ho was an Ward Councilor of Nalgonda Municipality, and the specific role played by the petitioner is harboured A1 and ,A.2 and that the remand report does not disclose the specific role played by the petitionef to attract the offence punishable under Section 3O2 IPC as the petitioner did not play major role in the commission of offence, except attributing common intention on account of political rivalry and the cause of death is A2 pelting bounder on the head of the deceased and subsequently, A1 beat the deceased with cement boulder on his chest part; meanwhile, A2 ( I
beat the deceased on his head again with the cement boulder, which resulted in the death of deceased.
4'6 to A10, who similarly placed persons, were already enlarged on bail. Undisputedly, the petitioner is similarly placed with other accused, who were enlarged on bail, and by applying the principle of parity, the petitioner is also entitled to claim bail. Hence, in view of the allegations made against the petitioner in the complaint and considering that the major part of investigation is completed, the question of interference of the petitioner in further investigation of the case does not arise. Further, taking into consideration the fact that the petitioner is languished in jail since 30.01.2018, I lind that it is a fit case to enlarge the petitioner on bail.
Accordingly, the criminal petition is allowed and the petitioner/A11 is directed to be enlarged on bail on his executing a personal bond for a sum of Rs.2O,OO0/- (Rupees twenty thousand h only) with two sureties for a like sum each to the satisfaction of Judicial First Class Magistrate at Suryapet, Nalgonda District. Further the petitioner/All is directed to stay at Suryapet for a period of three months or till filing of the charge sheet, whichever is earlier, and report before the Station House Officer, Suryapet Town Police Station, twice in a week i.e. on every Wednesday and Sunday in between 03.OO PM and 06.0O PM.
In consequence, miscellaneous petitions, if any, pending in this petition shali stand closed.
,1/ SD/- K. TATA RAO ASSIS GISTRAIT for ASSISTANT REGI o //TRUE COPY// STRAR lt,olr--v;/
To 1.The Judge, Family Court-cum-Vl Additional Sessions Judge, Nalgonda. 2.The Special Judicial First Class Magrstrate (Proh. & Excise Offences) -< at Nalgonda.
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3.The Station House Officer, Nalgonda ll Town Police Station, Nalgonda District. 4.The Superintendent, District Jail, Nalgonda Town, Nalgonda District. S.Two CCs to the Public Prosecuto(TS), High Court at Hyd.(OUT) 6.One CC to Sri G.R. Sudhakar, Advocate(OPUC) 7.One spare copy.
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HIGH COURT NIS\I..I DT.l0-01-2018 BAIL ORDER --$- \'l a ) C\L.P.No. 3932 of 2018 RELEASE TIIE PETITIONER ON BAIL