K.Yedukondalu v. The State Of Telengana
131581
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
WEDNESDAY, THE TWENry EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY ONE :PRESENT:
THE HONOURABLE JUSTICE G SRI DEVI Between:
K.Yedukondalu, S/o Narsimha.
Petitioner/Accused AND The state of Telengana, through P.S. Rajendranagar, represented by Public Prosecutor, High Court for The State ofTelengana, at Hyderabad. Hyderabad. RespondenUComplainant - Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the Criminal Petition, the High Court may be pleased to direct the police, P S Rajendra Nagar, to enlarge the petitioner/accused on anticipatory bail in the event of his arrest in connection with Cr. no. 1069.of 2021, ol P.S. Rajendranagar, on the file of the XIV Additional Metropolitan Magistrate, Cyberabad, at Rajendranagry2-', The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri G ANANDAM, Advocate ,"
for the Petitioner, Asst. PUBLIC PROSECUTOR for the Respondent, the Court made the following.
ORDER:
THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.5532 ot 2021 ORDER:
The Criminal Petition, under Section 438 of the Code of Criminal Procedure, '1973, is filed by the petitioner/accused seeking to grant anticipatory bail in the event of his arrest in connection with Crime No.1069 of 2021 on the file of Rajendranagar Police Station, Cyberabad District, registered for the offences under Sections 447, 427 IPC and under Section 3 of Prevention of Damage to the Public Property Act, 1984.
2. Heard learned counsel appearing for the petitioner/accused, learned Assistant Public Prosecutor appearing for the respondentState and perused the record 3.
The prosecution case is that on 12.04.2021 at 9.30 hours, as per the orders of the District Collector, the Tahasildar, Rajendranagar, has demolished the unauthorized construction with the help of police in plot Nos.4 and 5 Sy.No.366 at Attapur Village, Rajendranagar, which was allotted for construction of community hall and hostel building for the poor people, and that on 08.06.202'1 , on inspection, they noticed again unauthorlzed construction made by the petitioner/accused without any permission. 4.
Learned counsel for the petitioner would submit that as the subject land was allotted in favour of Andhra Pradesh Vaddera Sangham, in 2012 itself and the petitioner being General Secretary of Sangham, in order to protect and prcserve the property, preferred
the suit and as such, there is no personal gain. He also submits that the petitioner is not having any criminal antecedents prior to the alleged occurrence and he is a law abiding citizen and ready to abide by any condition that may be imposed in the event of his enlargement on anticipatory bail.
5.
Learned Assistant Public Prosecutor opposed to grant anticipatory bail to the petitioner.
6.
Having regard to the facts and circumstances and looking into the nature of allegations leveled against the petitioner and since civil disputes are pending with regard to subject land, without delving into the merits of the matter, I am inclined to grant anticipatory bail to the petitioner/accused 7.
Accordingly, the Criminal Petition is allowed and the petitioner/accused is granted anticipatory bail subject to the following terms and conditions (i) The petitioner/accused is directed to surrender before the Station House Officer, Rajendranagar Police Station, Cyberabad District, within a period of '1 5 days from today, and on such surrender, the said Station House Officer shall release the petitioner/accused on bail on his executing a personal bond to the tune of Rs.30,000/- (Rupees thirty thousand only) with two sureties each to the like amount to his satisfaction.
(ii) On such release, the petitioner/accused shall personally appear before the lnvestigating Offlcer on every Friday between 10.00 AM and 2.00 P.tU., till
J completion of the investigation and filing of the charge sheet.
(iii) The petitioner/accused shall furnish all relevant and necessary documents before the lnvestigating Officer for the purpose of fair investigation and he shall cooperate with the investigation.
(iv) The petitioner/accused shall comply with the conditions as laid down under Section 438 (2) o't Cr.P.C.
sD/- r.
LAKSH //TRUE COPY// SECTION OFFICER To,
1. The llAddl. Metropolitan Sessions Judge, Ranga Reddy District at L.B. Nagar
2. The XIV Addl. Metropolitan Magistrate, Cyberabad at Rajendranagar.--
3. The Station House Officer, P.S. Rajendranagar, Ranga Reddy District.-_
4. One CC to SRI G ANANDAM Advocate [OPUC]--
5. Two CCs to PUBLIC PROSECUTOR, High Court at Hyderabad. (OUT)_ l \
6. One spare copy mvJ
HIGH COURT GSD,J DATED:2810712021
ORDER
CRLP.No.5632 of 2021 ?at BAIL