Bhukya Raju And Another v. The State Of Telangana

HON'BLE SMT. JUSTICE JUVVADI SRIDEVI CRIMINAL PETITION No.4414 of 2022 O R D E R:

This Criminal Petition under Sections 437 and 439 Cr.P.C. is filed by petitioners - A-1 and A-2 in Cr.No.11 of 2022 on the file of Veernapally Police Station, Karimnagar District, registered for the offences punishable under Sections 420, 306 read with 511 IPC, seeking bail.

2.

The case of prosecution is that the de-facto complainant has lodged a complaint stating that he has taken debt from A1 on 10-04-2021 and later, he has also taken debt from A2 and A3, for twice or thrice for his personal expenses. As A1 to A3 were harassing the defacto complainant for repayment of the amount, he has taken debt from his villagers and repaid the entire debt to A1 to A3, even after the same, A1 to A3 were harassing the de-facto complainant to pay the debt amount of Rs.18,50,000/-, due to which, he tried to commit suicide by consuming poison.

3.

Learned counsel for petitioner Mr. VVNK Sarath Saran, submits that the petitioners are innocent of the alleged offences and they have been falsely implicated in this case. He submits that even as per the remand case diary, the de-facto complainant has attempted to commit suicide due to fear of his non-repayment of loan amounts. He submits that the petitioners have never instigated the de-facto complainant to

commit suicide. He submits that the entire investigation is completed, except filing of the charge sheet and A3 has already been enlarged on bail by the Court below. He also submits that the entire transaction alleged in the complaint is civil in nature and hence, the petitioners' case may be considered for grant of bail.

4.

On the other hand, learned Assistant Public Prosecutor submits that the investigation is pending and in view of the allegations in the complaint, the petitioners are not entitled for bail. 5.

Heard learned counsel for the petitioner, learned Assistant Public Prosecutor and perused the material on record. A perusal of the complaint and the remand case diary would show that the petitioners have advanced loan amount to the de-facto complainant and when they demanded to repay the same, due to fear and vexation with his life, the de-facto complainant has attempted to commit suicide. In the present crime, A3 has already been enlarged on bail by the Court below. Considering the facts and circumstances and in view of the allegations in the complaint, this Court deems it appropriate to grant bail to the petitioners-A1 and A2.

6.

The Criminal Petition is allowed. Petitioners - A-1 and A2 shall be enlarged on bail in connection with Crime No.11 of 2022 on the file of Veernapally Police Station, Karimnagar District, on their executing a personal bond for a sum of Rs.15,000/- (Rupees fifteen thousand only) each with two sureties for a like sum each to the satisfaction of the

Judicial First Class Magistrate at Sircilla. The petitioners/A1 and A2 shall appear before the police concerned on every Sunday between 10.00 a.m. and 2.00 p.m., for a period of two months or till filing of the charge sheet, whichever is earlier.

__________________ JUVVADI SRIDEVI, J 19th May, 2022.

sj