Panuganti Srinivas Kumar v. The State Of Telangana And Another

I 31s8 l

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD WEDNESDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY ONE :PRESENT:

THE HONOURABLE JUSTICE G SRI DEVI CRIMINAL PETITION NO: 5840 OF 2O2L Between:

Panugantl Srinivas Kumar, S/o.Late Chandraiah, Petitioner/Accused No.3 AND

1. THE STATE OF TELANGANA, Through Public Prosecutor, High Court for the State of Telangana At. Hyderabad.

2. LAXMI BAKKANI, W/o.Ramaiah, Aged about 55 years, Occ. Housewife, R/o Kurvaguda Village, Shabad Mandal, Ranga Reddy District.

Respondents Petition under Section 438 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 petitioner/accused no.3 on anticipatory bail in the event of arrest in connection with FIR No.799/2027 of PS Shahabad, Cyberabad under sections 354, 447, 427, 504, 506, rlw 34 of IPC The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of SRI GANESH CHELIMELLA Advocate for the Petltioner and the Assistant PUBLIC PROSECUTOR for the Respondent No.1, the Court made the following. ORDER:

THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.5840 ot 2021 ORDER:

The Criminal Petition, under Section 438 of the Code of Criminal Procedure, '1973, is filed by the petitioner/A3 seeking to grant anticipatory bail in the event of his arrest in connection with Crime No.199 of 2021 on the file of Shahabad Police Station, Cyberabad District, registered for the offence under Section 354 read with Section 34 lPC. 2.

Heard learned counsel appearing for the petitioner/A3, learned Assistant Public Prosecutor appear ng for the respondent-State and perused the record.

3.

The prosecution case is that on 03.07.2021 at about 1330 hours, due to land disputes, the accused beat the deJacto complainant on her chest and other parts and also beat her husband causing injuries to them. 4.

Learned counsel for the petitioner/A3 would submit that all the allegations in the complaint are created and invented for the purpose of registration of the present crime. He would further submit that there is no material to show that the petitioner provoked 41 and A2 to beat the defacto complainant and that there is no role on his part as alleged in the complaint. 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 there were ---

land disputes between the parties and in view of the peculiar conditions of pandemic COVID-19 prevailing in the country, without delving into the merits of the matter, lam inclined to grant anticipatory bail to the petitioner/A3.

7.

Accordingly, the Criminal Petition is allowed and the petitioner/A3 is granted anticipatory bail subject to the following terms and conditions: (i) The petitioner/A3 is directed to surrender before the Station House Officer, Shahabad Police Station, Cyberabad District, within a period of 15 days from today, and on such surrender, the said Station House Officer shall release the petitioner/A3 on bail on his executing a personal bond to the tune of Rs.15,000/- (Rupees fifteen thousand only) with two sureties each to the like amount to his satisfaction.

(ii) On such release, the petitioner/A3 shall personally appear before the lnvestigating Officer on first Friday of every month betvveen 10.00 AM and 2.00 P.M., till completion of the investigation and filing of the charge sheet.

(iii) The petitioner/A3 shall comply with the conditions as laid down under Section 438 (2) of Cr.P.C., and cooperate with the investigation.

sD/. M.MAN]UI3 ASSIST / /TRUE COPY/ / SECTI OFFICER . The Judicial First Oass Magistrate, at cheveila, Ranga Reddy District. . The Station House Officer, pS ShahabaQaeybeiabad. , One CC to SRr. GANESH CHELIMELLA Advocate tOpUCl . Two CCs ro pUBLIC PROSECUTOR, High_eourt at XyaeriOad.lOUrl . One spare Copy To,

HIGH COURT GSD] DATED:O4lOA/ 2O2L l ELr s'

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ORDER

\ CRLP.No.584O of 2O21 BAIL