Asodha Shivaji , Shiva v. The State Of Telangana

[2691 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY, THE TWENTY NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY ONE -..

:PRESENT:

THE HONOURABLE DR. JUSTICE SHAMEEM AKTHER .-- CRIMINAL PETITION NO: 7287 OF 2021 Between:

Asodha Shivaji @ Shiva, S/o. Bixapathi ..Petitioner/Accused No.2 AND The State of Telangana, Through Khammam ll Town Police Station, Rep by Public Prosecutor, High Court of Telangana.

... Res pondenUCom plainant 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 enlarge the petitioner on bail in the event of his arrest in connection with Crime No.564 oi 2020 on the file of Khammam ll Town Police Station. The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of M/s PARSA ANANTH NAGESWAR RAO Advocate for the Petitioner and of Assistant PUBLIC PROSECUTOR for the Respondent, the Court made the following. ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.'), is filed by the petitionerlA.2, for grant of anticipatory bail in Crime No.564 of 2020 of Khammam ll Town Police Station, Khammam, registered for the offences punishable under Sections 307,506 r/w 34 rPc.

2.

Heard the learned counsel for the petitionerlA.2, learned Assistant Public Prosecutor representing the respondenUState and perused the record.

3.

The learned counsel for the petitioner/A.2 would submit that the petitioner/A.2 has nothing to do with the alleged offence. A false case is foisted against the petitioner/A.2. The petitioner/A.2 did not cause any injury to anybody. The name of the petitioner/A.2 is falsely mentioned in the subject FIR and ultimately prayed to allow the Criminal Petition as prayed for.

4.

On the other hand, the learned Assistant Public Prosecutor opposed the grant of bail to the petitioner/A.2.

5.

lt is brought to the notice of this Court that victim-Gogula Chaitanya, suffered simple injury. A.1 in the subject crime was remanded to judicial custody in relation to other cases. lnsofar as A.3 and A.4 in this case are concerned, they were granted regular bail by the Court concerned. In the given circumstances of the case, since the victim had suffered a simple laceration injury, whether there is any intention on the part of the petition erlA.2lo cause death of the victim or not, is a matter of investigation. The gravity of the offence is not so high against the petitioner/A.2. Considering the totality of the circumstances, this Court is inclined to grant anticipatory bail to the petitioner/A.2 under Section 438 Cr.P.C, subject to the following conditions:

(i) The petitioneriA.2 is directed to surrender before the Station House Officer, Khammam ll Town Police Station, Khammam, within a period of fifteen(15) days from the date of this order.

(i;) On such surrender, the said Station House Officer shall release the petitioner/A.2 on bail, on his executing a personal bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two sureties for a like sum each to his satisfaction. (iii) On such release, the petitioner/A.2 shall report before the Station House Officer, Khammam ll Town Police Station, Khammam, on every Sunday between 10:00 AM and 11:00 AM till filing of charge sheet.

(iv) The petitioner/A.2 shall not, directly or indirectly, meddle with the investigation, win over the witnesses, tamper the evidence and shall co-operate with the lnvestigating Officer for smooth completion of the investigation.

(v) Th in e petitioner/A.2 shall a Section a38(2) Cr.P.C.

lso abide by the conditions stipulated owed 6.

The Criminal Petition is, accordingly, all Miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed.

SD/- K,SHYI-ESHI Assistant Reg istrar //TRUE COPY'

cP,-.--- SECTION OFFICER To, '1 . The ll Additional Sessions Judge (FTC) at Khammam District.

2. The Station House Officer, Khammam ll Town Police Station, Khammam District.

3. One CC to M/s PARSA ANANTH NAGESWAR RAO, Advocate [OPUC].

4. Two CCs to PUBLIC PROSECUTOR, High Court for the State of Telangana at Hyderabad [OUT].

5. One spare copy ZEE E:--

HIGH COURT DT.SAJ $ D:29/oe DATE 12021 "il'",:,

ORDER

CRLP.No.7287 of 2021 7r E1 ( &'

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