Kumar , B.D. Kumar v. The State Of Telangana

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IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD WEDNESDAY, THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY ONE IPRESENT:

THE HON'BLE JUSTICE G.SRI DEVI CRIMINAL PETITION NO: 6130 OF 202r /'

Between:

1. Kumar @ B.D. Kumar, S/o Late M.B. Dass

2. Smt. Rama Devi @ Smt. Pathakoti Rama Devi, Wo. Late Pathakoti Manohar Kumar,

3. Srinivas @ T. Srinivas, S/o. T. Bagaiah

4. Narsing Rao @ Kone Narsing Rao, S/o. Late Kona Narsimha, Petitioners/Accused Nos. I to 4 AND The State of Telangana, Represented by its Public Prosecutor, High Court for the State of Telangana. at Hyderabad Respondent Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the petition and the grounds filed therein, the High Court may be pleased to grant anticipatory bail directing the release of the petitioners in the event oftheir arrest in connection with FIR No.77 of 2021 daled 04.06.2021 on the file of P.S.Market, Secunderabad; The petition coming on for hearing, upon perusing the petition and the grounds filed therein, and upon hearing the arguments of Sri Prabhakar Sripada, Advocate for the Petitioners, and ofthe Asst. Public Prosecutor, for the Respondent, the Court made the following. I( 1-

THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION NO.6130 OF 2021 ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by the petitioners/A- 1 to A-4 seeking to grant anticipatory bail in the event of their arrest in connection with Crime No.77 of 2021 ol P.S. Market, Hyderabad, registered for the offences punishable under Sections 448, 3O7, 506 and 509 read with Section 34 of the Indian Penal Code (IPC). Heard the learned counsel appearing for the petitioners/A- I to A-4, learned Assistant Public Prosecutor appearing for the respondent-State and perused the record. Learned counsel for the petitioners/A- 1 to A-4 would submit that the petitioners are innocents of the offences alleged against them and have been falsely implicated. The petitioners are having fixed abode and there is no question of absconding. It is further submitted that the petitioners/A- 1 to A-4 are willing to furnish suitable security and abide by any condition which this Court may deem fit to impose in the event of granting anticipatory bail. Hence, it is prayed that the petitioners/A-l to A-4 be granted anticipatory bail.

Learned Assistant Public Prosecutor opposed to grant anticipatory bail to the petitioners/A- 1 to A-4. Insofar as the offence under Section 307 IPC is concerned, no opinion was given by the doctor concerned in the medical report with regard to the nature of the injuries sustained b1. the victim. AIl the other offences alleged against the petitioners are punishable within seven years.

I Except omnibus and general allegations, no specific allegations have been attributed against the petitioners. Moreover, it seems that there are civil disputes pending between the parties. Looking into the nature of allegations and the other facts. and circumstances, without adverting into the merits of the same, I am inclined to release the petitioners on anticipatory bail. The Criminal Petition is allowed and the petitioners/A- I to A-4 are granted anticipatory bail subject to the following terms and conditions:

(1) The petitioners/A- 1 to A-4 are directed to surrender before the Station House Officer, P.S. Market, Hyderabad, within a period of four weeks from the date of this order and on such surrender, the said Station House Oflicer shall reiease the petitioners/A- 1 to A-4 on bail on their executing personal bond for a sum of Rs.2O,O00/- (Rupees twenty thousand only) each with two sureties for a like sum each to his satisfaction.

(2) The petitioners/A-1 to A-4 shall appear before the investigating authorities on first Monday of every month between 10.00 am and 5.00 pm till completion of investigation and filing of final report.

(3) The petitioners/A- 1 to A-4 shall not interfere with the investigation, intimidate or induce the material witnesses and shall cooperate with the investigating agency.

(a) The petitioners/A- 1 to A-4 shall abide by the other conditions stipulated in Section 438(2) Cr.P.C and coi i\ \

operate v/ith the Investigating Officer in investigating the case.

Miscellaneous applications, if any, pending shall stand closed.

SD/. T.

I I I I //TRUE COPYII SECTIO FFICER To, l. The special Judge for Trial of Offences under SCs & STs (POA) Act cum VI Addl. Metropolitan Sessions Judge, Secunderabad.

2. The XXII Addl. Chief Metropolitan Magistrate, Secunderabad.

3. The Station House officer, PS Market, Secunderabad.

4. Two CCs to Public Prosecutor, High Court ofTelangana, at Hyderabad (OUT)

5. one CC to Sri Prabhakar Sripada, Advocate (OPUC)

6. one Spare Copy

HIGH COURT GSD,J DATE: 11-08-2021

ORDER

CRL.P. NO.6130 0F 2021 PETITION ALLOWED {i,U6 @r o \ rCh!-D + |\