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High Court for State of TelanganaCRLP/7481/2023disposed of no costs

Pentareddy Prathap Reddy v. The State Of Telangana

2023-08-17K.Surender4 pages

[ 32sl ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THURSDAY, THE SEVENTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 7481 OF 2023 Between:

Pentareddy Prathap Reddy, S/o.Late Ba[ Reddy, Aged about 59 years, Occ Business, Rlio.H. No.2-7011, Plot No.259, 2"' Lane, Vijayapuri Colony, Chowdariguda, Narepalli, K.V.Ranga Reddy District.

...PETITIONEFI/ACCUSED NO.1 AND The State of Telangana, Rep. by its, Public Prosecutor, High Court of Judicature at Hyderabad Through P.S. KUC.

...RESPONDENT/COMPLAINANT Petition under Section 438 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to enlarge the Petitioner on Bail in the event of his arrest in F.l.R.No.344 oI 2023, d1.11,07.2O23 on the file of KUC Police Station, Warangal District, for the alleged offence U/Sec.420, 447, 427,386 r/w 34 IPC This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of STi.TERA RAJINIKANTH REDDY, Advocate for the Petitioner and of the Additional Public Prosecutor for the State of Telangana on behalf of the Respondent. The Court made the following: ORDER

/ THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.7481 OF 2023 ORDER:

This Criminai Petition is filed under Section 438 of Cr.P.C. by petitioner/Accused No.1 seeking to enlarge the petitioner on bail in the event of his arrest in connection with F.I.R No.344 of 2023, dated 11.O7.2023 on the file of KUC Police Station, Warangal District, registered for the offences punishable under Sections 420, 447, 427, 386 r/w 34 of Indian Penal Code (for short 'IPC').

2.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent - State. 3.

As seen from the complaint, there is an allegation of threat by the petitioner to settle the issues for an amount of Rs.20,OO,OO0/-. However, no such amount was handed over. In the said circumstances, Pima facie the offence punishable under Section 386 of IPC is not attracted against the petitioner. Since ail the other offences alleged against the petitioner are punishable r,r,ith less than (07) years, this Court deems it appropriate to direct the Investigating Officer

in FIR No.344 of 2O2e pending on rhe file of KUC police Station, Waralgal District to follow the procedure laid down under Section 4l-A Cr.p.C and also the guidelines formulated by the Hon'ble Supreme Court in Arnesh Kumar u. State of Bihart scrupulously.

4.

Recording the said submission, the Criminal petition is disposed of.

Miscellaneous Petitions, pending if any, shall stand closed.

(2o14)B SCC 273 Sd/-N.CHANDRA SEKHAR RAO ASSISTANT REGISTRAR //TRUE COPYII LJa SECTibN OFFICER To

1. The Station House Officer, P.S., KUC, Warangal District.

2. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad (OUT)

3. One CC to Sri Tera Rajanikanth Reddy, Advocate [OPUC]

4. Two CD Copies Kj \ v

, HIGH COURT DATED:1710812023 'f Stt ls tt \..

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ORDER

CRLP.No.7481 of 2023 DISPOSING OF THE CRL.P.

WITHOUT COSTS.