Marati Chandra Shekhar v. The State Of Telangana
[ 3158 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
WEDNESDAY ,THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY ONE :PRESENT:
THE HONOURABLE JUSTICE G SRI DEVI CRIMINAL PETITION NO: 5464 OF 2021 Between:
1. IVarati Chandra Shekhar, S/o. M.Veerappa,
2. Thumpally Dayakar, S/o. Balaiah, Petitioners/Accused Nos.S & 6 AND The State of Telangana, rep. by lts Public Prosecutor, High Court Building, Hyderabad, RespondenUComplainant Petition under Sectron 438 of Cr.P.C, praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioners/Accused No.5 and 6 on Anticipatory Bail in the event of their arrest in Crime No.94/2021, on the file of Nawabpet Police Station,; The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of SRI A MAHESH KUMAR Advocate for the Petitioners and ASSISTANT PUBLIC PROSECUTOR for the Respondent, the Court made the following.
ORDER:
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THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.5464 ot 2021 ORDER:
The Criminal Petition, under Section 438 of the Code of Criminal Procedure, '1973, is filed by the petitiorErs/As and 46 seeking to grant anticipatory bail in the event of their arrest in Cr. No.94 of 2021 on the file of Nawabpet Police Station, Vikarabad District, registered for the offences under Sections 420, 506, 509 and 504 IPC
2. Heard learned counsel appearing for the petitioners/A5 and 46, learned Assistant Public Prosecutor appearing for the respondentState and perused the record, The prosecution case is that on believing the words of 41 and 42 that they have to purchase gold less than the market rate, the defacto complainant gave Rs.3,00,0001 to them, but they did not give any gold to her, and that the accused along with 25 members threatened the de-facto complainant not to ask the amount, otherwise they would kill her.
4.
Learned counsel for the petitioners/A5 and 46 would submit that the petitioners are innocent and they have not committed any offence as alleged by the prosecution. He would further submit that the petitioners never threatened the de-facto complainant at any point of time and that A1 and A2 are main accused in the above crime. He would also submit that the entire investigation is completed, except filing of tn-etnarge sheet and that they are law ./
abiding citizens and ready to abide by any condition that may be imposed in the event of their enlargement on anticipatory bail. 5.
Learned Assistant Public Prosecutor opposed to grant anticipatory bail to the petitioners.
6.
Even according to the complaint, the only allegation against the petitioners is that the petitioners along with 25 members have threatened the de-facto complainant not to demand amount from 41 and A2. However, it is not specifically mentioned as to how the petitioners are related to the alleged offences. Thus, looking into the nature of allegations leveled against the petitioners and other facts and circumstances, without delving into the merits of the matter, I am inclined to grant anticipatory bail to the petitioners/A5 and 46. 7.
Accordingly, the Criminal Petition is allowed and the petitioners/A5 and 46 are granted anticipatory ball subject to the following terms and conditions:
(i) The petitioners/A5 and 46 are directed to surrender before the Station House Officer, Nawabpet Police Station, Vikarabad District, within a period of 15 days from today, and on such surrender, the said Station House Officer shall release the petitioners/A5 and 46 on bail on their executing a personal bond to the tune of Rs.30,0001 (Rupees thirty thousand only) each with two sureties each to the like amount to his satisfaction.
(ii) On such release, the petitioners/A5 and ,46 shall personally appear before the lnvestigating Officer on 3'd Friday of every month between 10.00 AM and ) \_
J 2.00 P.M., till completion of the investigation and filing of the charge sheet.
(iii) The petitioners/A5 and 46 shall comply with the conditions as laid down under Section 43g (2) of Cr.P.C. and they shall cooperate with the investigation.
I sD/- K Ali.itAJr nt ar i //TRUE COPY// SEC ON OFFICER To,
1. The Xll Addl. Sessions Judge, Rangareddy District at Vikarabad
2. The Station House Officer, Nawabpet Police Station, Vikarabad District
3. One CC to SRl. A MAHESH KUMAR Advocate [OPUC]
4. Two CCs to the PUBLIC PROSECUTOR , High Court for the State of Telangana, Hyderabad (OUT)
5. One spare copy I
HIGH COURT GSD] DATED: 28.07,2O2L
ORDER
CRLP. NO: 5464 of 2O2t CRIMINAL PETITION IS ALLOWED zOJULW, v {r,l //