Mekala Malli Babu Yadav v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.6896 OF 2023 ORDER:

1.

This Criminal Petition is filed under Sections 437 and 439 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking regular bail to the petitioners/Accused Nos.1 to 15 in Crime No.108 of 2023, on the file of Kamepally Police Station, Khammam District, registered for the offences under Sections 143, 148, 294-B, 341, 324, 307 r/w. 149 and 120 (b) of IPC.

2.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the respondent-State and perused the record.

3.

The petitioners are implicated for the offence of attempt to murder the injured. The case of the prosecution is that A1 and A-2 had joined 'Congress' party from 'BRS' party. They planned to kill the injured namely Challa Anil. A-1 and A-2 sought help of A-3 to A-15. It is alleged that all the accused have attacked with iron sticks and rods and beat the injured on the head and other parts o the body.

4.

On instructions, learned Additional Public Prosecutor would submit that initially, the injured was treated at NIMS hospital, thereafter, he underwent treatment in local hospital, Khammam.

5.

Learned counsel appearing for the petitioners would submit that only for the reason of switching over to 'Congress' party from 'BRS' party, the petitioner/A-1 was involved in several cases.

6.

As seen from the remand report, A-1 was involved in several criminal cases including three cases of attempt to murder. The cases were registered from 1999 over a period till 2006 and again, the present case. Keeping in view the background of the 1st petitioner, the bail is refused to A-1 at this stage. However, the petitioner Nos.2 to 12 who are A-3 to A-6, A-8 and A-10 to A-15 shall be released on bail subject to following conditions:

i) The petitioner Nos.2 to 12/A-3 to A-6, A-8 and A-10 to A-15 shall execute personal bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two sureties for a like sum each to the satisfaction of

Judicial Magistrate of First Class (Special Mobile) at Khammam.

ii) The petitioner Nos.2 to 12/A-3 to A-6, A-8 and A-10 to A-14 after release shall appear before the concerned Station House Officer everyday from 14.08.2023 to 28.08.2023 at 10.00 AM and thereafter as and when required, for the purpose of investigation. A-15, being a lady shall appear as and when required.

iii) The petitioner Nos.2 to 12/A-3 to A-6, A-8 and A-10 to A-15 shall abide by the other conditions stipulated in Section 437(3) of Cr.P.C.

7.

Accordingly, this Criminal Petition is partly allowed. Miscellaneous applications, pending if any, shall stand closed.

_________________ K.SURENDER, J Date: 08.08.2023 dv

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO. 6896 OF 2023 Dt.08.08.2023 dv