S A Bharath Kumar , Bharath v. The State Of Telangana
THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO. 3732 OF 2022 ORDER:
This Criminal Petition is filed under Section 438 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking pre-arrest bail to the petitioner/A2 in the event of his arrest in connection with Crime No.188/2022 on the file of Station House Officer, Jubilee Hills, Hyderabad, registered for the offences punishable under Sections 455 and 380, read with Section 34 of the Indian Penal Code.
2.
Heard learned counsel for the petitioner/A2 and the learned Assistant Public Prosecutor for the respondent-State. Perused the record.
3.
The case of the prosecution is that a complaint dated 02.04.2022 was filed by one Sri Ram Naresh Danda, partner of 'F-House' at Jubilee Hills. He alleged that in the morning on 02.04.2022 around ten persons have trespassed into the premises and shut down the CC TV cameras, for which reason, there is no CC TV footage which can be made available to the police. However, three persons were named in the complaint, including this petitioner who is arrayed as Accused No.2.
4.
As seen from the complaint, it is a case of trespass into the premises by a group of ten persons and admittedly there is no theft which is stated by the complainant except for a petty cash about Rs.1,00,000/-.
5.
In the said circumstances, custodial interrogation of the petitioner/A2 could not required, for the said reason the petitioner/A2 can be granted the relief of Anticipatory Bail. 6.
Accordingly, the Criminal Petition is allowed and the petitioner/A2 is granted bail subject to the following conditions: i. The petitioners/A2 is directed to surrender before the Station House Officer, Jubilee Hills, Hyderabad, within a period of ten (10) days from the date of receipt of a copy of this order, and on such surrender, the said Station House Officer shall release the petitioner/A2 on bail on his executing a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties to the like sum each to his satisfaction.
ii. The petitioner/A2 shall appear before the concerned Station House Officer on every Sunday between 10.30 a.m. and 1.00 p.m. for a period of two (02) months. iii. The petitioner/A2 shall abide by the other conditions stipulated in Section 438 (2) Cr.P.C.
Accordingly, the Criminal Petition is allowed. Miscellaneous applications, if any, pending shall stand closed.
________________ K.SURENDER, J 29.04.2022 tk
THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO. 3731 OF 2022 Dt.29.04.2022 tk