Tokala Shyam Prasad Alias Shyam v. The State Of Telangana

THE HONOURABLE DR. JUSTICE D. NAGARJUN CRIMINAL PETITION NO.4242 OF 2022 ORDER:- This petition is filed under Sections 437 and 439 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking regular bail to the petitioners/A.1, A.2 and A.4 in connection with Crime No.51 of 2022 of Sadashivanagar Police Station, Kamareddy District, registered for the offences punishable under Sections 307, 323 and 506 read with 34 of the Indian Penal Code.

2.

Learned counsel for the petitioners submitted that the petitioners are no way connected with the offences alleged against them and all are innocent. The petitioners are in judicial custody since 04.04.2022. Hence, prayed the Court to allow the petition and enlarge the petitioners on bail.

3.

On the other hand, learned Assistant Public Prosecutor submitted that investigation is in progress and two victims have received injuries in the hands of the accused persons. Hence, the petitioners are not entitled for bail, at this stage.

Dr.DNR, J Crl.P.No.4242 of 2022 4.

As seen from the remand report, police have examined about 15 witnesses including the investigating officer. There are specific overt acts against petitioner No.1/A.1, who stated to have been stabbed the victims with a knife. Insofar as petitioner Nos.2 and 3/A.2 and A.4 are concerned, there are no specific overt acts, except stating that prior to the incident both of them have threatened the victims with dire consequences. Both the victims are already discharged from hospital.

5.

Considering the nature of offences and stage of the investigation and since there are no specific overt acts against petitioner Nos.2 and 3/A.2 and A.4, this Court deems it appropriate to grant bail to petitioner Nos.2 and 3/A.2 and A.4 and is not inclined to grant bail to petitioner No.1/A.1.

6.

Accordingly, this Criminal Petition is allowed in part and petitioners Nos.2 and 3/A.2 and A.4 shall be enlarged on bail on their executing personal bonds for a sum of Rs.20,000/- (Rupees twenty thousand only) each with two sureties for a like sum each to the satisfaction of the Judicial First Class Magistrate at Kamareddy. On such release, petitioners No.2 and 3/A.2 and A.4 shall appear before

Dr.DNR, J Crl.P.No.4242 of 2022 the Station House Officer, Sadashivanagar Police Station, Kamareddy District, on every Sunday between 09.00 a.m. and 11.00 a.m. until further orders.

7.

The Criminal Petition is dismissed in respect of petitioner No.1/A.1.

___________________ Dr. D. NAGARJUN, J Date :05.05.2022 mar