Mirza Qadeer Baig v. State Of Telangana

HON'BLE SRI JUSTICE SURESH KUMAR KAIT Crl.P. No. 16945 of 2016 O R D E R:- This Criminal Petition is filed under Section 438 Cr.P.C. seeking to grant anticipatory bail to the petitioner - A6 in the event of his arrest in connection with Crime No. 228 of 2016 of Hussaini Alam Police Station, Hyderabad, registered for the offences punishable under Sections 147, 148, 302 and 120-B read with 34 IPC.

It is an admitted fact that the petitioner - A6 had sold ancestral property to A1 without the consent of the deceased, who had legitimate share in it. The deceased was creating problem, therefore, A1 along with other accused including A6 had conspired to kill the deceased, and accordingly, on 22.02.2016, they picked up quarrel. Later, on 03.10.2016 at about 10:00 a.m., A1, A4 and A5 dragged the deceased out of the car near his house, attached him with swords and caused his death.

The allegation levelled against the petitioner is that with an ill-motive, the petitioner had conspired to kill the deceased who had interest in the ancestral property sold by the petitioner without his consent. This conspiracy was made for the reason that if the deceased is killed, he would not

SKK,J Crl.P_16945_2016 claim and get his share of the ancestral property, otherwise, he would create trouble to the petitioner.

The investigation is at the advanced stage and the investigation officer will unearth the crime during the course of interrogation, therefore, I am not inclined to grant anticipatory bail to the petitioner at this stage. Accordingly, the Criminal Petition is devoid of merit and the same is accordingly dismissed.

As a sequel, Miscellaneous Petitions, if any pending, shall stand disposed of as infructuous.

_____________________ SURESH KUMAR KAIT, J 26.12.2016 bcj