Belly Teja v. The State Of Telangana

[ 3251 ]

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: 7497 OF 2023 Between:

Belly Teja, S/o Belli Narsaiah Aged about 35 years, Occ- Outsourcing Employee Rl/o 11711731C1 /'1 1 Church Compound ABM Compound, Ward No. 11 Nalgonda, Nalogonda district ...PETITIONERYACCUSED NO.2 AND

1. The State of Telangana, rep. by its Public Prosecutor, High Court at Hyderabad. Through P.S. Banjara Hills, Hyderabad ....Respondent No.1

2. Kamal Dhawan, S/o Shri Bahadur Bheem Sain Dawan Aged 47 years, OccRepresenativive of Liberty Shoes Ltd.R./o H.No. 205, Pocket-3 Sectr-29, Arpha lnternational citv' ^"Xth',Jl8r'3ilBElfrl?r..""ro coMpLArNANr 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/Accused No.2 on anticipatory bail in the event of his arrest in connection with Crime No. 445 of 2023 on the file of P.S. Banjara Hills, Hyderabad during the pendency of inquiry and trial This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri P.VIJAYA BHASKAR, Advocate for the Petitioner and of the Additional Public Prosecutor for the State of Telangana on behalf of the Respondent No.1 and None Appeared for the Respondent No.

The Court made the following: ORDER

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No. 7497 of 2o23 ORDER:

This Criminal Petition is filed under Section 438 of Cr.P.C. by petitioner/Accused No.2 seeking anticipatory bail in the event of his arrest in connection with Crime.No.44S of 2023 on the fi1e of P.S. Banjara Hills, Hyderabad, registered for the offences punishable under Sections 406, 42O of Indian Penal Code (for short 'lPC) 2.

Heard learned counsel for the petitioner and learned Additiona-l Public Prosecutor for the respondentState and perused the record. I I 3.

Learned counsel lor the petitioner has brought to the notice of this Court that the order passed by this Court in W.P No.13856 of 2023, dated 06.06.2023, "wherein this court has directed the police to follow the guidelines issued by the Hon'ble Apex Cour-t, in Arnesh Kumqr us. State oJ Bihor and another in the event of registration of any crime against the petitioner

4 .

Since the punishment prescribed for the offences alleged against the petitioner is up to seven years, without going into merits of the case, respondent - Police are directed to scrupulously follow the procedure as contemplated under Section 4l-A Cr.P.C and the guidelines formulated by the Hon'ble Supreme Court in Antesh Kumar a. State of Bihort. It is needless to say, any deviation in this regard will be viewed seriously. 5.

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

t (2014) B SCC 273 Sd/.T.JAYASREE ASSISTANT REGISTRAR CJD //TRUE COPY// SECTION OFFICER To The lll Additional Chief Metropolitan Magistrate, Hyderabad. The Police Station, Banjara Hills, Hyderabad. Two CCs to the Public Proseculor, High Court for the State of Telangana at Hyderabad (OUT) One CC to Sri P.Vijaya Bhaskar, Advocate [OPUC] Two CD Copies Kt \ *

HIGH COURT DATED:1710812023 _ ..,.i:: r' '

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ORDER

:,. ,: r CRLP.No.7497 ol 2O23 DISPOSING OF THE CRL.P.