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High Court for State of TelanganaCRLP/6940/2021allowed no costs

Ramdas Naik v. The State Of Telangana

2021-09-28Shameem Akther3 pages

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IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD , TUESDAY, THE TWENTY EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY ONE :PRESENT:

THE HON'BLE DR. JUSTICE SHAMEEM AKTHER CRIMINAL PETITION NO: 6940 OF 2021 ."

Befween:

l. Ramdas Naik, S/o. Samya Naik

2. Smt. P. Roja Wo. Venkateshwar Rao Petitioners/Accused No. 2 & 3 AND The State of Tolangana, Rep. by Public Prosecutor, High Court Buildings, High Court, t Hyder,abad.

Respondent/Complainant Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the petition and the grounds filed therein, the High Court may be pleased to grant Anticipatory bail to the Petitioners/Accused No. 2 and 3 and direct the Police Saifabad or any other arresting officer to release the petitionersiAccused No.2 and 3 on bail in the event of his arrest in Cr. No. 470 of 2019 of P.S. Saifabad;

The petition coming on for hearing, upon perusing the petition and the affidavit filed therein, and upon hearing the arguments ofSri Mahesh Raje, Advocate for the PetitionerS, and of the Asst Public Prosecutor, for the Respondent, the Court made the following. OR.DER:

"This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by the petitionerslA.2 & A.3 seeking anticipatory bail in connection with Crime No.470 of 2019 of Saifabad Police Station, Hyderabad City, registered for the offences punishable under Sections 4Og,42O& I20B ofIPC, 2.

Heard the learned counsel for the petitioners/A,2 & A.3, the learned Assistant Public Prosecutor representing the respondent-State and perused the record. 3.

In the course of submissions, it is brought to the notice of this Court by the learned counsel for petitioners/A.2 & A.3 that A.1 in the subject crime was granted anticipatory bail by this Court, vide order, dated 04.08.2021, passed in Criminal Petition No.5396 of 2021 on some conditions, The said submission is conceded by the learned Assistant Public

Prosecutor. A perusal of the subject complaint reveals that the allegations against the petitioners/A.2 & A.3 are similar to that of A.l, however, not as grave as against A.l. In vierv of the nature of allegations levelled against the petitioners/A,2 & A.3 and considering the totality of circumstances, this Court is inclined to grant anticipatory bail to the petitioners/A.2 & A.3 on certain conditions, -..

4.

Accordingly, the petitioners/A.2 & A.3 are granted anticipatory bail under,Section 438 of Cr.P.C., on the following conditions:

(i) The petitioners/A.2 & A.3 are directed to surrender before the Station House Officer, Saifabad Police Station, Hyderabad District, within a period of 15 days from today, and on such surrender, the said Station House Officer shall release the petitioners/A.2 & A.3 on bail on each of them executing a personal bond for a sum of Rs.30,000/- (Rupees thirty thousand only) with two sureties for the like sum each to his satisfaction. (iD On such release, the petitioners/A.2 & A,3 shall personally appear before the investigating officer as and when required for the purpose of fair t tinvestigation, (iii) The petitionerslA.2 & A,-3 shall comply with the conditions as laid down under Section 438(2) of Cr.P.C. and cooperate with the investigation. 5.

The Criminal Petition is, accordingly, allowed. Miscellaneous Petitions, if any, pending in this Criminal Petition, shall stand closed."

SD/. T,KRISHNA KUMAR ASSTSTNNT REGISTRAR ^i.-'i'> ' --.

//TRUE COPYI/ SECTION OFFICER To, l. The i Addl. Chief Metropolitan Magistrate, Hyderabad.

2. The IV Addl. Metropolitan Sessions Judge, Hyderabad.

3. The Station House Officer, Saifabad Police Station, Hyderabad City.

4. Two CCs to Public Prosecutor, High Court ofTelangana, at Hyderabad (OUT)

5. one CC to Sri Mahesh Raje, Advocate (OPUC)

6. one Spare copy t

HIGH COURT DR.SA.J DATE: 28-09-2021 i

ORDER

CRL.P. NO. 6940 0F 2021 PBTITIONALLOWED 4rusn-tziSf,M i l q :)oo * * 0esFATC