Udugu Yadiah v. State Of Telangana
[ 3158 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY, THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY ONE :PRESENT:
THE HONOURABLE JUSTICE G SRI DEVI CRIMINAL PETITION NO: 6283 OF 2021 Between:
1. Udugu Yadiah, S/o. Narsaiah
2. Udugu Saketh, S/o. Yadaiah
3. Udugu Elishamma, S/o. Yadaiah
...Petitioners/Accused Nos.1 to 3
AND State of Telangana, Rep. by its Public Prosecutor, High Court of Telangana at Hyderabad.
.. . RespondenUCompla inant Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to grant anticipatory Bail to them by directing the police to release them on bail in the event of their arrest in connection with Crime No.124 of 2021 of Shaligouraram Police Station, in the interests of justice.
The petrtion coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of MR. M. TARAK ABHILASH Advocate for the Petitioners and of Assistant PUBLIC PROSECUTOR for the Respondent, the Court made the following.
ORDER;
THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.62B3 ot 2021
ORDER
The Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by the petitioners/A1 to 43 seeking to grant anticipatory bail in the event of their arrest in connection with Crime No,124 of 202l,on the file of Shali Gouraram Police Station, Nalgonda District, registered for the offences under Sections 448,324,506 read with Section 34 lPC.
2. Heard learned counsel appearing for the petitioners, learned Assistant Public Prosecutor appearing for the respondent-State and perused the record 3.
The prosecution case is that on 02.06.2021 at morning hours, when the de-facto complainant was present in hrs house, the accused have trespassed into his house criminally, beat him with sticks and sandals causing injuries to him 4.
Learned counsel for the petitioners would submit that the petitioners are innocent of the alleged offences and they have been falsely implicated in the present crime. He would further submit that there is no iota of truth in the allegations mentioned in the complaint He also submits that the petitioners are not having any criminal antecedents prior to the alleged occurrence and they are law abiding citizens and ready to abide by any condition that may be imposed in the event of their enlargement on anticipatory bail
5.
Learned Assistant Public Prosecutor opposed to grant anticipatory bail to the petitioners.
6.
A perusal of the injury report, three injuries are mentioned and out of them one injury is grievous in nature. However, no X-ray report or other supporting documents with regard to the fracture have not been furnished by the prosecution. Thus, it seems that in order to add the offence under Section 326 IPC one injury is shown as grievous in nature. Thus, looking into the nature of allegations leveled against the petitioners, without delving into the merits of the matter, I am inclined to grant anticipatory bail to the petitioners/A'1 to A3 7.
Accordingly, the Criminal Petition is allowed and the petitioners/A'1 to A3 are granted anticipatory bail subject to the following terms and conditions:
(i) The petitioners/A1 to 43 are directed to surrender before the Station House Officer. Shali Gouraram Police Station, Nalgonda District, within a period of 15 days from today, and on such surrender, the said Station House Officer shall release them on bail on their executing personal bond to the tune of Rs.30,000/- (Rupees thirty thousand only) each with two sureties each to the like amount to the satrsfaction.
(ii) The petitioners/A1 to 43 shall personally appear before the lnvestigating Officer on 1"rand 3'd Sunday of every month between '10.00 AIVI and 2.00 P.tvl., till completion of the investigation or filing of the charge sheet, whichever is earlier.
., (iii) The petitioners/ A,t to ,A3 shall comply with the conditions as laid down under Section 438 (2) ot Cr,P.C.
SD/. N CHANDRASHEKAR RAo ASSISTANT REGISTRAR ,TRUE COPY// , ..1 \*rv To, SECTION OFFICER '1 . The Judicial First Class Magistrate at Nakrekal.
2. The Judge, Family Court Cum Vl Additional Sessions Judge at Nalgonda.
3. The Station House Officer, Shaligouraram Police Station Nalgonda.
4. One CC to MR. M. TARAK ABHILASH, Advocate [OPUC]
5. Two CCs to PUBLIC PROSECUTOR, High Court for the State of Telangana at Hyderabad [OUT].
6. One spare copy ZEF,
HIGH COURT GSDJ DATED:18/0812021 i, \
ORDER
6- 'i 1 B AUE 2I[1 \ CRLP.No.6283 of 2021 BAIL