Shanthi Kumar Chary v. The State Of Telangana

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.7351 of 2023 ORDER:

1.

This Criminal Petition is filed under Section 438 of Cr.P.C. by the petitioners/Accused Nos.1 to 7 seeking anticipatory bail in the event of their arrest in connection with F.I.R.No.153 of 2023 on the file of BDL Bhanoor Police Station, Sanga Reddy District, registered for the offences under Sections 307, 324, 323 and 504 r/w. 34 of IPC.

2.

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

3.

The case of the de-facto complainant is that her husband and the accused were having property disputes. On 16.07.2023, Satyanarayana Chary came to her house and picked up quarrel with her husband and meanwhile, the accused Nos.1 to 7 abused her husband in filthy language and beat him with iron on his head, A-6 cut his right hand thumb finger and upper limb with a knife due to which he sustained bleeding injury. When the de-facto complainant tried to rescue her husband, the accused kicked her husband in his stomach. Later, her brother-in-law rescued her husband.

4.

Learned counsel for the petitioner would submit that on account of boundary disputes, there was free fight between both the parties. Both the parties received injuries. In fact, two cases were filed, which are case and counter case. The present case was registered for the offence under Section 307 of IPC whereas, on the basis of the complaint given by the relative of this petitioner, a case was registered under Section 323 of IPC. 5.

Learned Public Prosecutor would submit that grievous injuries were received on the head of the victim which was on account of beating by A-1.

6.

Keeping in view, the injuries are inflicted by A-1, the prayer for anticipatory bail for A-1 is rejected and in respect of A-2 to A-7 anticipatory bail is granted subject to the following conditions:-

1) The petitioners/Accused No.2 to 7 are directed to surrender before the Station House Officer, BDL Bhanoor Police Station, Sangareddy District on 18.08.2023. Upon such surrender, the said Station House Officer shall release the petitioners/Accused Nos.2 to 7 on bail, on their executing personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum each to his satisfaction.

2) On such release, the petitioners/Accused Nos.2 to 7 shall appear before the concerned police every Monday for a period of eight weeks or until charge sheet is filed,

whichever is earlier and thereafter, as and when required for the purpose of investigation.

3) The petitioners/Accused Nos.2 to 7 shall abide by the other conditions stipulated in Section 438(2) of Cr.P.C and shall co-operate with the Investigating Officer in investigating the case.

7.

Accordingly, the Criminal Petition is allowed. Miscellaneous applications, if any pending in this criminal petition, shall stand closed.

__________________ K.SURENDER, J Date : 14.08.2023 dv

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No. 7351 of 2023 Dt.14.08.2022 dv