Gudla Venkanna v. The State Of Telangana

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.4697 OF 2022 O R D E R:

This Criminal Petition is filed under Section 438 of Cr.P.C., seeking pre-arrest bail to the petitioners/accused Nos.4 and 8 in the event of their arrest in connection with Crime No.121 of 2020, pending on the file of Maddirala Police Station, Suryapet District, registered for the offences punishable under Sections 147, 148, 326, 323, 341, 504, 506 read with 149 of Indian Penal Code and Sections 3(1)(r)(s), 3(2)(Va) of the Scheduled Casts and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

2.

Heard learned counsel for petitioners/accused Nos.4 and 8 and learned Assistant Public Prosecutor for the respondent-State. Perused the record.

3.

The case of the prosecution is that on 30.05.2022, when the de facto complainant along with four others sitting under Neem tree, accused Nos.1 and 2 came there in drunken state and assaulted the de facto complainant, meanwhile, accused No.1 called villagers, who are accused Nos.3 to 10, and all of them in drunken state assaulted the de facto complainant.

4.

Accused Nos.1 to 3, 5 to 7, 9 and 10 have already been released on bail and learned counsel for petitioners submits that though these petitioners were not present in the scene, due to political rivalry their names were included. However, as seen from the complaint there are no specific overt acts attributed to these petitioners except stating that they are as part of the group, which assaulted the de facto complainant.

5.

In the said circumstances, the petitioners/accused Nos.4 and 8 can be granted the relief of Anticipatory Bail, on the following conditions:

i) The petitioners/accused Nos.4 and 8 are directed to surrender before the Station House Officer, Maddirala Police Station, Suryapet District, within a period of ten days from the date of this order. On such surrender, the said Station House Officer shall release the petitioners/accused Nos.4 and 8 on bail, on their executing a personal bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) each with two sureties in a like sum each to his satisfaction.

ii) On such release, the petitioners/accused Nos.4 and 8 shall report before the said Station House Officer on every Monday between 10.00 a.m. and 5.00 p.m., for a period of two months or till filing of the charge sheet, whichever is earlier.

iii) The petitioners/accused Nos.4 and 8 shall abide by the other conditions stipulated in Section 438(2) of Cr.P.C and shall co-operate with the Investigating Officer in investigating the case.

Accordingly, the Criminal Petition is allowed. Miscellaneous applications, if any pending in this criminal petition, shall stand closed.

_________________ K.SURENDER, J Date :23.06.2022 svl

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.4697 OF 2022 Dt.23.06.2022 SVL