Mudiga Yarraiah v. The State Of Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

THURSDAY ,THE NINTH DAY OF JUNE TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 4389 0F 2022 Between:

Mudiga Yarraiah, S/o- Mudiga Lingaiah, Aged about 39 years, Occ: Cultivation, Rl/o. Chamalapally Village, Chandur Mandal, Nalgonda District.

2. Pendota Venkataiah, Occ: Cultivation, R/o District.

S/o. Pendota Yadadri, Aged Chamalapally Village, Chandur about 40 years, Mandal, Nalgonda ...PETITIONEFYACCUSED 1 & 2 AND

1. The State of Telangana, rep by Public Prosecutor, High Court, High Court Buildings, Hyderabad, through Station House Officer, Chandur Police Station, Nalgonda District.

...RESPONDENT/COMPLAINANT Petition under Section 438 of Cr. P-C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to enlarge the petitioners on antrcipatory bail in the event of their arrest in connection with FIR No. 4812022 registered U/s 353, 332 and 504 IPC on thefle of the Chandur Police Station, Nalgonda District. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri KRISHNA KISHORE KOVVURI ,Advocate for the Petitioner and of the Additional Public. Prosecutor on behalf of the Sole Respondent. The Court made the following: ORDER

Crl.Petition No,4389 of 2022 THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITIO N No.4389 OF 2022 ORDER:

This Criminal Petition is filed under Section 438 of the Code of Criminal Procedure, 1973 seeking pre-arrest bail to the petitioners, who is Accused Nos.1 and 2 in the event of their arrest in connection with Crime No.48 of 2022 on the file of Chandur Police Station, Nalgonda District for the offence punishable under Sections 353, 332 and 504 of Indian Penal Code.

2.

Heard the learned counsel for the petitioners and learned Assistance Public Prosecutor for the respondent-State. Perused the record.

3.

Since the punishment prescribed for the offences alleged against petitioners is upto seven years, without going into the merits of the matter, the respondent-Police are directed to carry out the investigation by following the procedure as contemplated under Section 41-A Cr.P.C and the guidelines formulated by the Hon'ble Supreme Court in Arnesh Kumar v. State of Biha/scrupulously. '(2014) I scc 271

\ Crl.Petition No.4389 of 2022 It is needless to say, any deviation in this regard will be viewed seriously.

5.

Accordingly, the Criminal Petition is disposed of. 6.

Miscellaneous applications pending, if any, in this criminal petition, shall stand closed.

SD/-K.AMMAJI ASSISTANT REGISTRAR //TRUE COPY'

SECTION OFFICER To,

1. The Hon'ble Judicial First Class Magistrate (Spl.Mobite Court) at Nalgonda District.

2. The Station House Officer, Chandur Police Station, Nalgonda District.

3. One CC to SRI KRISHNA KISHORE KOWUR|, Advocate, IOPUCI

4. Two CCs to the PUBLIC PROSECUTOR , High Court for the State of Telangana at Hyderabad.[OUT]

5. Two CD Copies

6. One Spare Copy SB \k

HIGH COURT DATED:0910612022 HE STAfr- (, /,i C:

o,J 2 1 JUL 2[?2

ORDER

CRLP.No.4389 of 2022 DISPOSING OF THE CRL.P WITHOUT COSTS @) W\,"