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High Court for State of TelanganaCRLP/248/2017dismissed

B.R.Rajashekara Reddy, v. P.Aparna,

2017-01-11Gudiseva Shyam Prasad2 pages

THE HON'BLE SRI JUSTICE G.SHYAM PRASAD CRIMINAL PETITION No.248 OF 2017 ORDER:

This petition is filed under Section 438 of Cr.P.C., for grant of anticipatory bail, by the petitioners. The petitioners are A-1 to A-3 in Crime No.50 of 2016 of Police Station, Kothakota, Chittoor District. 2.

Heard the learned counsel for the petitioners and the learned Public Prosecutor representing the State.

3.

The petitioners moved for grant of anticipatory bail in Crl.M.P.No.2872 of 2016, before the trial Court, was dismissed on 06.01.2017, on the ground that the investigation is still in progress and if the petitioners are enlarged on bail, they may hamper the progress of investigation.

4.

Learned counsel for the petitioners submits that the petitioners are innocent, and they were falsely implicated in this case, due to some civil cases pending between the parties. 5.

The learned Public Prosecutor opposed for grant of bail, on the ground that the trial Court has recently dismissed the bail application filed under Section 438 Cr.P.C. as the investigation was in progress.

6.

At the outset it is obvious that investigation is in progress. There is likelihood of tampering with the evidence, if they are granted anticipatory bail. It is also observed by the trial Court that there is a prima facie case against the petitioners. As such, the petitioners are not entitled for grant of anticipatory bail. 7.

Accordingly, the Criminal Petition is dismissed. However, the petitioners may approach the trial Court in the event of change of circumstances for grant of bail. Miscellaneous Petitions, if any, pending in this Criminal Petition shall stand closed. ____________________ G.SHYAM PRASAD, J DATE:11-01-2017 Hsd/ ccm

THE HON'BLE SRI JUSTICE G.SHYAM PRASAD CRIMINAL PETITION No.248 OF 2017 Date:11.01.2017 HSD/ CCM