Vislawath Vishal v. The State Of Telangana

THE HONOURABLE JUSTI CE G. SRI DEVI CRI MI NAL PETI TI ON No. 3 8 7 2 of 2 0 1 9 ORDER :

This Criminal Petition, under Section 439 of the Code of Criminal Procedure, 1973, is filed by the petitioner/ A.2, for grant of bail in Crime No.93 of 2019 of Jubilee Hills Police Station, Hyderabad, registered for the offences punishable under Sections 365, 342, 346, 392, 302, 201, 202 and 212 read with 109 of IPC.

2.

Heard learned counsel for the petitioner/ A2, learned Additional Public Prosecutor representing the respondent/ State and perused the record.

3.

Learned counsel for the petitioner would submit that the petitioner has been in judicial custody for more than four months. During the course of investigation, the police had not recovered any amount or any other material as alleged in the FIR, from the possession of the petitioner. As per the case of prosecution, specific role has been attributed to A.1 only and not to the petitioner/ A.2. The petitioner is a student and he has no previous criminal antecedents. Hence, he prayed to grant bail to the petitioner.

4.

Learned Additional Public Prosecutor representing the respondent-State vehemently opposed to grant bail to the petitioner and stated that the petitioner had common intention along with other accused who are involved in this case. The petitioner/ A.2 assisted A.1 by tightly holding the hands of the deceased, while A.1 smothered to kill the deceased. Hence, he is not entitled for bail.

5.

Having regard to the nature of allegations levelled against the petitioner and gravity of offence, this Court is not inclined to grant bail to the petitioner/ A.2.

6.

In the result, the Criminal Petition is dismissed. ___________________ JUSTI CE G. SRI DEVI 18.07.2019 ssp