Nalla Laxmaiah v. The State Of Telangana

THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.3547 OF 2019 ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C'), is filed by the petitioners/Accused Nos.5 to 7, 9 and 10 for grant of anticipatory bail in the event of their arrest in connection with Crime No.102 of 2018 of Doma Police Station, Vikarabad District, registered for the offences punishable under Sections 147, 148, 302, 307, 324 and 506 read with 149 I.P.C.

2.

Heard learned counsel for the petitioners/Accused Nos.5 to 7, 9 and 10, and the learned Additional Public Prosecutor representing the respondent-State. Perused the record. 3.

The allegations in the First Information Report would go to show that on 31.10.2018 at about 8:00 AM, a quarrel took place between the complainant and his relatives with regard to drawing of water from the bore-well and in that regard a report is submitted in the police station; that at that time, one Nalla Sailu S/o Laxmaiah, who is relative of the complainant, came and said that the issue will be settled in the village and accordingly, on the date of incident at about 10:00 PM, the said Sailu came to the house of the complainant and called him stating that the matter will be discussed and in the meantime all the accused persons formed into an unlawful assembly and attacked on the complainant with sticks and stones with an intention to kill him and in the said attack, the complainant also received severe injuries.

4.

Learned counsel for the petitioners/accused Nos.5 to 7, 9 and 10 would submit that the petitioners were falsely implicated in this case and they never committed the alleged offence; that even if the entire allegations in the complaint taken as true and correct, no offence is made out against these petitioners; that without proper enquiry and investigation, the police registered the above case against the petitioners and hence, he prays to grant anticipatory bail to the petitioners.

5.

Learned Additional public Prosecutor opposed the grant of the bail to the petitioners/Accused Nos.5 to 7, 9 and 10. 6.

The allegations levelled against the petitioners/accused Nos.5 to 7, 9 and 10 are serious and grave in nature. Looking in the nature of allegations levelled against the petitioners, I am not inclined to grant bail to the petitioners.

7.

Accordingly, the Criminal Petition is dismissed. Miscellaneous petitions, if any, pending in this petition shall stand closed.

______________________ JUSTICE G SRI DEVI JULY 08, 2019 YVL

THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.3547 OF 2019 Date:08.07.2019 YVL