Mohammed Wasiullah Khan @ Wassay Khan v. The State Of Telangana

HON'BLE SMT. JUSTICE JUVVADI SRIDEVI CRIMINAL PETITION No.7776 of 2024 ORDER :

Petitioner/Accused No.11 has filed this petition under Section 438 of Cr.P.C., seeking anticipatory bail in Cr.No.147 of 2024 of P.S. Nampally, registered for the offences under Sections 307 r/w. 109 of IPC.

2.

Heard Sri Habeeb Abubakar Alhamed, learned counsel for petitioner and the learned Additional Public Prosecutor appearing for the State.

3.

The case of the prosecution is that the petitioner herein, along with others, has tried to kill the complainant by beating with a baseball bat, hockey sticks, rods and nickel punch and caused head injuries.

4.

The learned counsel for petitioner/accused No.11 has submitted that the he has never attacked the complainant and that he has been falsely implicated in this case in view of previous disputes between himself and the complainant, and further, as he is the father of accused No.1 in the above crime. It is submitted that under similar circumstances, accused No.1 was granted anticipatory bail by this

JS, J Crl.P.No.7776 of 2024 Hon'ble Court vide orders dated 08.07.2024 in Crl.P.No.5978 of 2024. Accordingly, he prayed to grant anticipatory bail to the petitioner herein also.

5.

The learned Additional Public Prosecutor has opposed the grant of anticipatory bail on the ground that there is prima facie involvement of petitioner herein in the incident, and hence, he is not entitled for anticipatory bail.

6.

On perusal of the complaint and the material placed on record, it is apparent that there are case and counter cases between the parties, and hence, this Court is of the considered view that the petitioner/accused No.11 can be granted anticipatory bail subject to the following conditions :

1. The petitioner/accused No.11 shall surrender before the Station House Officer of P.S. Nampally within two weeks from today, and on such surrender, the said Station House Officer shall release him on bail on his executing a personal bond for Rs.20,000/- with two sureties each for the like sum.

2. The petitioner/accused No.11 shall abide by the other conditions stipulated in Section 438(2) of Cr.P.C. and co-operate with the Investigating Officer in investigating the case.

____________________ JUVVADI SRIDEVI, J Date: 22.07.2024 ajr