Sunkari Sai v. The State Of Telangana

a.

[ 31s8 ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD FRIDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY ONE :PRESENT:

THE HONOURABLE JUSTICE G SRI DEVI CRIMINAL PETITION NO: 5282 OF 2O2l Between:

Sunkari Sai, S/o. Late. Yadaiah, Petitioner/Accused AND The State of Telangana, through Its Public Prosecutor, High Court, Hyderabad.

Respondent/Complaina nt Petitlon under Section$437 & 439 of Cr,P.C, praying that in the circumstances stated in the grounds filed in the Criminal Petition, the High Court may be pleased to enlarge the present Petitioner/Accused on Bail in Crime No. 560 of 2027 on the file of Police Station, Pet Basheerabad;

The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri Jakkula Sridhar Advocate for the Petitioner and the Assistant Public Prosecutor for the Sole Respondent, the Court made the following.

ORDER:

/ THE HONOURABLE JUSTICE G, SRI DEVI CRIMINAL PETITION No.5282 of 2021 ORDER:

This Criminal Petition, under Sections 437 and 439 of the Code of Criminal Procedure, 1973, is filed by the petitioner/accused seeking to grant bail to him in connection with Cr.No.560 of 2021 on the file of Pet Basheerabad Police Station, Cyberabad, registered for the offences punishable under Section 304-ll IPC and under Section 185(A) of Motor Vehicles Act.

2.

Heard learned counsel appearing for the petitioner/accused, learned Assistant Public Prosecutor appearing for the respondenlState and perused the record.

3.

The prosecution case is that on 28.05.2021 at about 19.20 hours, the petitioner while driving a car in a rash and negligent manner in drunken condition, dashed against the brother of the de-facto complainant, namely, Damannagari Srlnivas Reddy, near Graveyard of Maisammaguda, due to which he sustained bleeding injuries on his head and legs and succumbed to those injuries while undergoing treatment. 4.

Learned counsel for the petitioner/accused submits that the petitioner has been falsely implicated by the police in order to harass him. He further submits that the petitioner is in judicial custody since 29.05.2021 and the entire investigation is completed, except filing of the charge sheet. He further submits that the petitioner is a law abiding citizen and ready to abide by any condition imposed by this Court in the event of his enlargement on bail.

5.

Learned Assistant Public Prosecutor vehemently opposed to grant bail to the petitioner/accused.

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6.

Having regard to the facts and circumstances and looking into the nature of allegations leveled against the petitioner/accused and the fact that most part of the investigation is completed, without adverting to the merits of the matter, I am inclined to grant bail to the petitioner/accused. 7, The Criminal Petition is allowed and the petitioner/accused is directed to be released on bail, subject to the following terms and condrtions:

(i) The petitioner/accused shall be released on bail on his executing a personal bond to the tune of Rs.1,00,0001 (Rupees one lakh only) with two sureties for a like sum each to the satisfaction of the XXll Additional Metropolitan Magistrate, Cyberabad at Medchal, (ii) On such release, the petitioner/accused shall appear before the lnvestigating Officer on every Sunday between 10.00 AM and 5.00 PM., till completion of investigation and filing of the charge sheet.

(iii) the petitioner/accused shall appear before the Court concerned personally on each date of hearing till conclusion of trial.

(iv) the petitioner/accused shall not indulge in similar type of activities, in future; lf he is indulged in similar type of activities in future, liberty granted to him shall stand cancelled automatically and he would be taken into custody forthwith. (v) the petitioner/accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the investigating authority.

(vi) the petitioner/accused shall not misuse the liberty granted to him.

8.

Miscellaneous applications, if any pending in this criminal petition' shall stand closed t "ot'

B'

'AT,AVATHT ASSISTANT REGISTRAR //TRUE copy// tY., --1 SECTION OFFICER o T

1. The XXll Additional Metropolitan Magistrate, Cyberabad at Medchal.

2. The llAdditional Metropolitan Sessions Judge, Ranga Reddy District at L.B.Nagar.

3. The Superintendent Cherlapally Prision, Ranga Reddy District.

4. The Station House Officer, Pet Basheerabad Police Station,

5. One CC to SRl. JAKKULA SRIDHAR Advocate [OPUC]

6. Two CCs to The PUBLIC PROSECUTOR, High Court at Hyderabad. [OUT]

7. One Spare Copy I

HIGH GOURT GSDJ DATED:0610812021

ORDER

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P & \, \$ \,) (as CRLP.No.5282 of 2021 -..r, BAIL