Pochugari Sanjeeva Reddy And 2 Others v. State Of Telangana

[ 3158 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONDAY, THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND NINETEEN :PRESENT:

THE HONOURABLE JUSTICE G SRI DEVI ET c CRIMINAL PETITION NO: 5273 OF 2019 o zo 'il1 a Between:

1. Pochugari Sanejeva Reddy S/o Gali Reddy.

2. Yelmala Anji Reddy Sio Venkatarama Veera Reddy. 3 Jeethaiah S/o Narayana.

Petitioners/Accused AND State of Telangana, represented through Public Prosecutor at High Court, Hyderabad.

RespondenUComplainant Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to order to enlarge the petitioners on the bail in the event of their arrest in connection with Cr No. 99 of 2019 on the file of P.S.Gummadidala, Sanga Reddy District. The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri K RAGHUVEER REDDY, Advocate for the Petitioners, ADDITIONAL PUBLIC PROSECUTOR (TG) for the Respondent, the Court made the following.

ORDER:

J GSD. J Crl.P.No.5273 of20l9 / / HON'BLE JUSTICE G. SRI DEVI ,CIRIMINAL PETITION No.5273 of 2O19 *oRopR, .t This Criminal Petition under Section 43U of Cr.P.C. is filed by the petitioners, who are A. 1, A.2 and A.5, seeking anticipator5. bail in Crime No.99 of 2Ol9 of Gummadidala Police Station, Sangareddy District, registered for the offence punishable under Section 3O7 r lw. Section 34 of IPC. The case of the prosecution is that on 22.07.2019 night at 1.00 p.m., while LW.5 Chithagudi Bheemaiah and Nagaraju were sleeping, the petitioners along with other accused came in a Car and JCBs with deadly weapons and assaulted the said Bheemaiah and Nagaraju and tried to kill them. Basing on the complaint lodged by the defacto complainant, the police registered the above Crime No.99 of 2079 for the aforesaid offence.

Heard learned counsel for the petitioners/ A .1, A.2 and A.5 and the learned Additional Public Prosecutor appearing for the respondent - State. Perused the material on record. Learned counsel for the petitioners contends that the present crime is registered against the petitioners asa counter blast to Crime No.98 of 2OL9 of the same Police Station, which was registered basing on the complaint given by the worker of A. 1. It is also contended that the petitioners apprehend torture and humiliation in the hands of police and

GSD. J Crl.P.No.5273 of20l9 that they are ready to abide by any of the conditions imposed by this Court and would cooperate with the investigation, if they are released on anticipatory bail in the event of their arrest in connection with the aforesaid crime. On the other hand, the learned Additional Public Prosecutor opposed the relief sought in the above petition. As seen from the contents of FIR, there are cases and counter cases, including a civil suit in O.S.No.47 of 2019, pending between the petitioners and the defacto complainant with regard to a land and, as a matter of fact, the present Crime No.99 of 2Ol9 was lodged against the petitioners arrd other accused as a counter blast to the FIR No.98 of 2Oi9 fiied by A. 1 against the defacto complainant and others for the offences punishable under Sections 307 and 427 of IPC r/w.

Section 3(1)(g)(s) of SCs and STs (POA) Act, 1989. Therefore, by taking into consideration the nature of allegations made against the petitioners and also keeping in view the cases and counter cases filed by the respective parties against each other, I am inclined to grant anticipatory bail to the petitioners by imposing some conditions. In the result, this criminal petition is allowed and the petitioners/A.l , A.2 and A.5 are directed to be released on bail in the event of their arrest in connection with Crime No.99 of 2Ol9 of Gummadidala Police Station, Sangareddy District, on their executing separate personal bonds for Rs.

GSD, J Crl.P.n-o.5273 of 2019 J sureties for a like sum each to the satisfaction of the said Station Hotrse Officer and subject to the condition that the petitioners/A. 1, A.2 and A.5 would cooperate with the investigation Agency and would report before the above Police Station, on 3,.1 Saturday of every month between 10-00 a.m. and 5-00 p.m. ti1l completion of investigation and filing of charge sheet, whichever is earlier.

I As a sequel, miscellaneous petitions pending, if any, shall stand closed.

SDi- K. SAILESi.:I ASSISTANT RE .I'ITAR I //TRUE COPY// SECTIONOF FICER \ To,

1. The Vlll Addl. District & Sessions Judge at Medak'

2. The Judicial First Class Magistrate at Narsapur' I

3. The Station House Officer, Gummadidala' Sanga Reddy District'

4. One CC to SRI K RAGHUVEER REDDY' Advocate IOPUC]

5. Two CCs to PUBLIC PRoSEcUToR (TG), High Court at Hyderabad [oUT]

6. One spare coPY

HIGH COUR.T'

GSDJ DATED:09 tA912019

ORDER

CRLP.No.5273 of 2019 Pro11 c-t?Alo[LY BAIL .--/