Gudivada Yakaiah v. The State Of Telangana

THE HON'BLE DR. JUSTICE D.NAGARJUN CRIMINAL PETITION No. 4294 of 2022 ORDER:

This Criminal Petition is filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") for enlarging the petitioners-accused Nos. 3 and 4 on regular bail in Crime No.73 of 2022 of Thorrur Police Station of Mahabubabad registered for the offence punishable under Sections 341, 324, 307 read with Section 34 of the Indian Penal Code. 2.

The case of the prosecution is that the petitioners herein along with accused Nos. 1 and 2 have intercepted the victim, who is returning to his house, picked up quarrel with him and also beat him and thereby made an attempt to kill, due to which the de-facto complainant received injuries. Based on the complaint given by the de-facto complainant against the accused, a case in Crime No. 73 of 2022 was registered for the offence under Sections 341, 324, 307 read with Section 34 of the Indian Penal Code.

3.

Learned Assistant Public Prosecutor has opposed for grant of bail stating that investigation is still pending.

4.

On the other hand learned counsel for the petitioner would submit that major part of the investigation has already been completed and except filing of charge sheet nothing is left and the injuries allegedly received by the victim are also not grievous in nature and therefore, prayed the Court to enlarge the petitioners on bail.

5.

Considering the record before this Court, it is clear that the prosecution has already examined 8 witnesses. The persons, who have received injuries in the hands of the petitioners and others, have already been discharged. As per the medical certificate, the victim has received simple injuries but multiple abrasions caused by the sticks over cheek, left forearms and back.

6.

Considering the nature of injuries sustained by the victim and the fact that victim has already been discharged and that investigation is under progress and also taking into consideration the fact that the petitioners are in judicial custody since 11.04.2022, this Court is inclined to enlarge the petitioner on bail.

7.

In the result, this Criminal Petition is allowed and the petitioners-accused Nos. 3 and 4 are ordered to be enlarged on

bail on their executing personal bonds for Rs.10,000/- (Rupees Ten Thousand Only) with two sureties each for a likesum by each of the petitioners to the satisfaction of learned Judicial First Class Magistrate at Thorrur, Mahabubabad. The petitioners-accused Nos. 3 and 4 are directed to appear before the concerned Police Station on every Sunday between 9.00 AM and 11.00 AM until charge sheet is filed.

As a sequel, pending miscellaneous applications, if any, shall stand closed.

_____________________ DR. D.NAGARJUN, J Date: 05.05.2022 AS