Naini Srinivas v. The State Of Telangana

1!t a HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD s TUESDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND NINETEEN A8 :PRESENT:

THE HON'BLE JUSTICE G SRI DEVI CRIMINAL PETITION NO: 4481 OF 2019 Betrveen:

1. Naini Srinivas, S/o. Shankar, (A-13)

2. Nainni Shankar, S/o. Mondi, (A-28)

3. Sakinala Thirupathi, S/o..Mallaiah, (A-29)

4. Maidam Mahesh, S/o.Sabtaiah @ Sathaiah, (A-31)

5. Pudari Suresh, S/o. Sathaiah, (A-34)

6. Pudari Srinu, S/o. Lachanna, (A-35)

7. Maulkar Laxman, S/o. Nanaiah, (A-38) ....Petitioners/A13,A28,A29,A31,A34,A35 & A38 AND The State of Telangana, Through Public Prosecutor of High Court at Hyderabad ....Respondent Petition under Sections 437 & 439 of Cr.P.C, praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to enlarge the petitioners I A\3, A28, A29, A31, A34, A35 & A38 on bail in Crime No. 55/2019 of P.S. Easgaon, District Kumrambheem (Asifabad), in the interest ofjustice. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of SRI.B.VIJAYSEN REDDY Advocate for the Petitioners and ADDL.PUBLIC PROSECUTOR (TG) for the Respondent, the Court made the following.

ORDER:

This Criminal Petition, under Section 439 of the Code of Criminal Procedure, 1973, is fi1ed by the petitioners/A. 13, A.28, A.29, A.31, A.34, A.35 and A.38, for grant of bail in Crime No.55 ol 2Ol9 of Easgaon Police Station, Kumrambheem-Asifabad District, registered for the offences punishable under Sections 3O7, 147, 148,332,353 and 427 read with 149 of IPC and Section 3(2)(v)(a) of the Schedule Castes and Scheduled Tribes (Prevention of Attrocities) Amendment Act, 2015.

2.

Heard the learned counsel for the petitioners, the learned Additional Public Prosecutor representing the respondent/ State and perused the record. 3.

The case of prosecution, in brief, is that on 30.06.2019 as per the orders of the Government, when L.W.2-Forest Range Officer along with her staff went

Kotha Sarsala Village and tried to level the protected forest land, the accused rushed to the spor and abused the forest force in Iilthy language, obstructed a and damaged the tractors, and also beat the drivers. When L.W.2 tried to rescue, A.1 and other accused attacked her with stick, due to which she sustained bleeding injuries. The accused also attacked the staff of forest department indiscriminately and trespassed into the forest land and attempting to commit murder of L.W.2. Hence, the aforesaid case was registered against the petitioners.

4.

Learned counsel for the petitioners submits that the petitioners are remanded to judicial custody on O2.O7.2O19. He further submits that the allegations levelled against the petitioners that they have insulted L.Ws.6 to 8 in the name of their caste is totally absurd since the petitioners have no knowledge about the caste of L.Ws.6 to 8. The petitioners are innocent and they are falsely implicated in this case. No specific overt acts are attributed against the petitioners. Neither the petitioners found in the unlawful assembly with deadly weapons to pick up quarrel with forest officials nor they abused L.Ws.6 to 8 in filthy language. The petitioners are ready to abide by any conditions imposed by the Court. However, learned counsel for the petitioners seeks permission of this Court to withdraw the criminal petition insofar as petitioner No. 1 /A. i 3 is concerned.

4.

Learned Additional Public Prosecutor representing the respondent/ State conceded to the fact that the names of the petitioner Nos.2 to 7 I A.28, A.29, A.31, A.34, A.35 and A.38 are not mentioned in the FIR. 5.

Acceding to the request of the learned counsel for the petitioners, permission is granted and the Criminal Petition is dismissed as withdrawn insofar as petitioner No. 1 /A. 13 is concerned. 6.

Having regard to the nature of allegations levelled against the petitioner Nos.2 to 7 1A.28, A.29, A.31, A.34, A.35 and A.38 and in view of the facts and

-.\ rcumstances of the case, without adverting to the merits of the case, this .

Court is inclined to grant bail to them on certain terms and conditions. 7 .

Accordingly, petitioner Nos.2 to A.7 I A.28, A.29, A.3L, A.34, A.35 and A.38 are ordered to be released on bail on their executing personal bonds for a sum of Rs. 15,0O0/- (Rupees fifteen thousand only) each with two sureties for a like sum each to the satisfaction of the Judicial Magistrate of First Class, Sirpur (T) On such release, the petitioner Nos.2 to 71A.28, A.29, A.31, A.34, A.35 and A.38 shall report before the Station House Oflicer, Easgaon Police Station, Kumrambheem-Asifabad District, on every Saturday between 10:O0 A.M. and 11:00 A.M., ti11 completion of investigation and fi1ing of charge sheet, whichever is earlier. The petitioner Nos.2 to 7 1A.28, A.29, A.31, A.34, A.35 and A.38 shall not intimidate the prosecution witnesses and they shall appear personally before the trial Court on each and every date of hearing till completion of tria1.

8.

In the result, the Criminal Petition is partly allowed. sd/- LA ASSISTANT RE TRAR //TRUE COPY// FoT ASSISTANT GISTRAR To l. The Special Judge for Trial of Cases Under SCs/STs (POA) Act-cum-V Additional District and Sessions Judge, Adilabad.

2. The Additional Judicial First Class Magistrate, Adilabad District

3. The Judicial First Class Magistrate at Sirpur-T

4. The Superintendent, District Jail, Adilabad

5. The Station House Officer, Easgaon Police Station, Kumrambheem (Asifabad) District.

6. One CC to SRI. B VIJAYSEN REDDY Advocate [OPUC]

7. Two CCs PUBLIC PROSECUTOR (TG), High Court at Hyderabad (OUT)

8. One spare copy Note: the satisfaction Court is Additional Judicial Magistrate of First Class, Adilabad District" is corrected as "Judicial Magistrate of First Class, Sirpur(T)" as per order of the court dated 9.8.2019 made in IA.No.1 of 2019 in Crl.P.No.4481 of 2019, Substitute this amended order in place of Previous Order which was already dispatched on 6/812019. Sd/- N.PURUSHOTHAM REDDY ASSISTANT REGISTRAR

HIGH COI]RT !

GsDi.r DATED; 6.8.2019 CRL.P.NO.4481 0F 2()19 I}AIL -4)::2 /'aov lP:leur' s3\ S' ii \\'

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