Banothu Santholi And 2 Others v. The State Of Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD MONDAY ,THE THIRTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 45320F 2022 Between:

1. Banothu Santholi, Wo Dharma, Aged - 48 years, Occ- Govt Sweeper ,All are R/o. H.No. 5-60, Regulagadda Thanda Vitlage, Garidepally Mandal, Suryapet District

2. Banothu Dharma, S/o Bodya, Aged - 59 years, Occ- Government Employee ,

3. Banothu Ramakrishna, S/o Dharma, Aged - 22 years, Occ- student , All are R/o. H.No. 5-60, Regulagadda Thanda Village, Garidepally Mandal, Suryapet District.

...PETITIONER/ACCUSED NO 1 TO 3 AND The State of Telangana, rep by Public Prosecutor, High Court of Hyderabad.

...RESPONDENT 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 release the Petitioners/accused No.1 to 3 on bail in the event of his arrest in connection with Crime No.59 OF 2018 on the file of P.S. Garidepalli, Suryapet District.

This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri MULLANGI RAMI REDDY ,Advocate for the Petitioner and the Public Prosecutor on behalf of the sole Respondent. The Court made the following: ORDER

Crl.Petition No.4532 oI 2022 THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.45320F 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 are arrayed as Accused Nos.1 to 3 in the event of their arrest in Crime No.59 of 2018 on the file of Garidepalli Police Station, T t Suryapet District registered for the offences punishable under I Sections 468,47t and 420 of Indian Penal Code. 2.

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

3.

Since the punishment prescribed for the offences alleged against petitionersis 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. t (2014) 8 scc 273

Crl.Petition No.4532 of 2022 It is needless to say, any deviation in this regard will be viewed seriously.

4.

Accordingly, the Criminal petition is disposed off. 5.

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

SD/.K.AMMAJI ASSISTANT REGISTRAR I q //TRUE COPY// SECTION OFFICER To, 1 . The Station House Officer, Garidepalli Police Station, Suryapet District.

2. One CC to SRl. MULLANGI RAMI REDDY Advocate IOPUC]

3. Two CCs to the PUBLIC PROSECUTOR, High court for the state of Telangana, at Hyderabad. [OUT]

4. Two CD Copies

5. One Spare Copy TL SB \XW

HIGH COURT DATED:13/0612022 ( \\\L n rAr{ o .r, 1 fl JIIL 2[22 or)

ORDER

CRLP.No.4532 of 2022 DISPOSING OF THE CRIMINAL PETITION.