Mallikarjun Patil v. The State Of Telangana

HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION No.8662 of 2015 ORDER :

This criminal petition is filed by the petitioners/A.2 to A.5 under Section 482 Cr.P.C seeking to quash the proceedings in Crime No.184 of 2015 of Banswada Police Station, Nizamabad District, registered for the offences punishable under Sections 498-A and 494 IPC and Sections 3(1)(x) and 3(1)(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'the Act').

2. Heard the learned counsel for the petitioners and the 1st respondent-State represented by the Public Prosecutor, before admission and before notice to the 2nd respondent and perused the material on record.

3. The facts fall short for this Court to quash the criminal petition or to admit the F.I.R. proceedings, but for to say the factual matrix entitled to the concession of bail by the petitioners.

4. Hence, the criminal petition is disposed of giving liberty to the petitioners to surrender before the learned Magistrate concerned and move regular bail application on the same day with affidavit of surrender before the learned Special Judge with notice to Special Public Prosecutor and in such an event, the learned Special Judge shall grant bail in their favour with necessary

conditions on the same day. Needless to say, at the post bail stage and pending investigation, the presence of the petitioners before the learned Magistrate can be dispensed with. It is further needless to say, in the event of filing of charge sheet by the police and any cognizance taken by the learned Magistrate, the further remedies, if any, are left open to the petitioners.

5. Miscellaneous petitions pending, if any, shall stand closed.

____________________________ Dr. B. SIVA SANKARA RAO, J 2nd September 2015.

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