Rudrapally Shekar v. The State Of Telangana

THE HONOURABLE SRI JUSTICE N. TUKARAMJI CRIMINAL PETITION No.5605 OF 2024 ORDER:

1.

This Criminal Petition is filed under Sections 437 and 439 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking regular bail to the petitioner/Accused No.1 in Crime No.175 of 2024 on the file of Vanasthalipuram Police Station, Rachakonda Commissionerate, Ranga Reddy District, registered for the offences under Sections 302, 201 r/w 34 of Indian Penal Code.

2.

I have heard Sri P. Nagendra Reddy, learned counsel representing Sri Lattupally Anand, learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent-State.

3.

The prosecution case in brief is that the father of the petitioner was found dead on 15.02.2024 by hanging to iron rod in his house. However, the Forensic Science

Laboratory report revealed that the death was due to throttling. The following investigation revealed the involvement of the petitioner in the offence. 4.

Learned counsel for the petitioner would submit that the deceased is father of the petitioner, as such, the petitioner committing the alleged offence is implausible. Further, the motive attributed for committing the offence is flimsy. That apart, the police has completed investigation and filed charge sheet during pendency of this petition. Thus, continuance of the petitioner in custody is not required. Hence, prayed for grant of bail. 5.

Learned Additional Public Prosecutor opposed bail application and would submit that the allegation against the petitioner is grave as the offence committed is murder of his own father. Further, submitted that charge sheet has been filed and the concerned Magistrate Court has registered PRC for committal.

6.

The submissions of learned counsel are duly considered and materials placed on record are perused. 7.

Having regard to the allegations against the petitioner, as the investigation is completed and no other tenable ground is been placed by the prosecution making out the necessity to continue the petitioner in custody and the duration of the judicial custody undergone by the petitioner, this Court is inclined to grant bail.

8.

Accordingly, the petitioner/accused No.1 is directed to be released on bail on executing a self bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties, for a like sum each to the satisfaction of the V Additional Metropolitan Sessions Judge, Ranga Reddy District at L.B.Nagar. Further, the petitioner/Accused is directed to make himself available for interrogation as and when required by the Police till filing of the charge sheet. The petitioner/accused shall not interfere or intimidate the prosecution witnesses nor

shall attempt to tamper with the evidence. The petitioner shall inform his residence and contact particulars to the investigating officer and update the same from time to time till conclusion of the case before the trial Court. The petitioner shall not indulge in any illegal activity while on bail. If the petitioner/accused commits any breach of the above conditions, the investigating agency/prosecution shall be at liberty to initiate proceedings for cancellation of bail.

Additionally petitioner/Accused shall abide by the other conditions stipulated under Section 437(3) of Cr.P.C.

9.

Accordingly, this Criminal Petition is allowed. Miscellaneous applications, pending if any, shall stand closed.

__________________ N.TUKARAMJI, J Date: 06.06.2024 mmr

THE HONOURABLE SRI JUSTICE N. TUKARAMJI CRIMINAL PETITION No.5605 of 2024 Dt.06.06.2024 mmr