Uyyala Rajashekar v. The State Of Telangana

I 3166 l HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY :PRESENT:

THE HON'BLE SRI JUSTICE T.VINOD KUMAR ,i CRIMINAL PETITION NO: 6767 OF 2020 Befw--'een:

1. Uyyala Rajashekar, S/o Gangaiah,

2. Uyyala Manoj, S/o Gangaiah,

3. Mandal Ganesh, S/o Thriupathi

4. Uyyala Parshuram, S/o Gangaiah, ... Petitioners/Accused Nos.l,2,5 & 6 AND t The State ofTelangana, Rep.by its Public Prosecutor, High Court for the State of Telangana at Hyderabad.

...Respondent

Petition under Sections 437 & 439 of Cr.P.C, praying that in the circumstances staled in the grounds filed in support of the Criminal Petition. the High Court may be pleased to release the Petitioners/Accused Nos. I . 2. 5 and 6 on bail in Crime No. 160 of 2020 on the file of Pegadapalli Police Station. Jagtial District. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of MR.PAPAIAH PEDDAKULA Advocate for the Petitioners and ADDL.PUBLIC PROSECUTOR (TG) for the Respondent, the Court made the following.

i

ORDER

!

THE HoN'BLE SRI JUSTICE T.VINOD KUMAR CRIMINAL PETITION No.6767 of 2O2O ORDER:

;

This Criminal Petition is l-rled under Sections 437 and 439 of Cr.P.C. seeking firr grant of regular bail to the petitioners, who are arrayed as Accused Nos.1, 2, 5 & 6 (A.1, A2. A.5 & 4.6) in Crime No.160 of 2O2a of Pegadapalli Police Station, Jagtial District, registered for thr: offences punishable under Section s 3214 , 323, 29O, 506 read u'ith Section 149 IPC and Section 3 (1)(r)(s) and II Section 3 (2)(va) of the Scheduled Castes and Schedulerl Tribes (Prevention of Atrocities) Act, 1989 (for brevity 'SCs & Sl's (POA) Act') as amended from time to time.

2, Heard learned counsel for the petitioners and learned Additional Public Prosecutor appearing for the respondent - State and perused the material placed on record. Since, provisions of Section 3 of SCs & STs (POA) Act, 1989, are invoked against the petitioners, the learned counsel for the petitioners was directed to take out personrrl notice on the de facto complainant. It is submitted by the learned counsel that the notice as tilken to ,j respondent I deJtcto complainant was served and he has liled the 't proof of service into this court along with a memo. The same is available on record. Despite service of notice on Respondent / ,l defacto complainant, there is no representation either in pr:rson or through counsel.

3.

With the c()nsent of the learned counsel appearing for the parties, the criminal petition is taken up for hearing through Video Conferencing in the virtual Court today, i.e.29.12.2O2O. 4.

The learned counsel for the petitioners would submit that ,n.- :.::- certeLin disturbances that have been taken place r-*

between two groups in the village during the Dasara festival celebrations on 25.7O.2O2O. As a result of the same, the other members of the group have lodged the present complaint against the petitioners and others, upon which, the respondent authority has registered the present crime. The learned counsel would further submit that the petitioners were not involved in any offence previously. The learned counsel would also submit that the petitioners 1 , 2 &, 3 l A.l, A.2 & A.5 were in judicial custody since 27.1O.2O2O, while the petitioner No.4/A.6 is in judicial custody since 31.10.2020. The leamed counsel would further submit that the petitioners would abide by any conditions as may be imposed by this Court for being enlarged on regular bail. 6.

On the other hand, the learned Additional Public Prosecutor would submit that since all the petitioners attacked the members of de facto complainant's family when they were playing dandiya during the Dasara festival celebrations, the present complaint has been lodged and the respondent authority in the process of investigation had arrested the petitioners and produced them before the concerned Magistrate, and were remanded to judicial custody. The learned Additional Public Prosecutor would further submit that the investigation into the matter is in progress. However, the learned Additional Public Prosecutor would further submit that if this Court is to consider for enlargement of the petitioners by granting regular bail, they may be put on terms, in order to maintain peace and tranquility and without causing any law and order problem in the village.

7 .

Having regard to the submissions rnade as above and considering the fact that the petitioners are in judicial custody

c since 27.10.2020 and 31.1O.2O2O respectively, this Court is / inclined to gran: regular bail to the petitioners subject to the lollowing conditions:

;i i) The :etitioners - A.1, A.2, A.5 & A.6 shall execute a personal bond for a sum of Rs.5,000/- (Rupees Five Thousand only) with two sureties each for a like sum each to the satjsfaction of the II Additional Judicial First Class Magistrate, Jagtiar. Upon the petitioners t:xecuting personal bonds with two sureties .rs noted above, the petitioners shall be released from th<: prison where they are presently lodged i.e., at Sub-Jail, Jagtial. ii) The petitioners shall appear before the Station House Officer, Pegadapaili Police Station, Jagtial, on every Sunday between 10:00 et.m. to 5:00 p.m. tiil completion of investigation into the crime.

iii) The petitioners shall not try to contact the de facto complainant an<1 other members of the group or either try to influence or intimidate the witnesses while on bai1. iu) I f ttre petitioners fail to comply with any of the conditions stipulated herein, liberty granted to thern shall automatically strrnd cancelled and the investigating agen cy shall act in accordanc,: with law.

8.

Subject tc) the above, the Criminal Petition is allowed. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order.

Sl)/-B.SA HI r\SSIS't'\N''Itr l,\lt (, ,TRUE COPY, ,,/, CER SE,( ]1'I

To

1. The Special Sessions Judge for Trial of Cases Under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act-cum-V Additional Sessions Judge, Karimnagar.

2. The ll Additional .ludicial First Class Magistrate, Jagtial.

3. The Superintendent. Sub-Jail, Jagtial.

4. The Station House Officer, Pegadapalli Police Station, Jagtial.

5. One CC to SRI.PAPAIAH PEDDAKULA Advocate [OPIJC]

6. Two CCs to the PUBLIC PROSECUTOR (TG). High Court a1 Hyderabad (OUT)

7. One spare copy J ''l .i i ) -.-..--

HIGH COL'II.T TVK.,I ;

DATEDT 29.12.2020 cRL.P.NO.6767 0F 2020 ..1, BAIL .*s n