Abbagoni Prabhakar v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.5821 OF 2022 ORDER:

This Criminal Petition is filed under Section 438 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking bail to the petitioner who are arrayed as Accused Nos.1 and 2 in the event of their arrest in Crime No.149 of 2022 on the file of Station House Officer, Nakrekal Police Station, Nalgonda District registered for the offences punishable under Sections 447, 427 and 307 read with Section 34 of Indian Penal Code.

2.

Heard learned counsel for the petitioners/Accused Nos.1 and 2 and learned Assistant Public Prosecutor for the respondent-State. Perused the record.

3.

The case of the prosecution is that the petitioners alleged to have beaten the de facto complainant, his brother and his brother's son after trespassing into their land on 23.06.2022. A quarrel ensued in between the de facto complainant family and the accused herein.

4.

Learned counsel for the petitioners submits that, the petitioners/accused herein also filed a complaint which was registered in Crime No.152 of 2022 for the offences under Sections 342, 324 and 506 read with Section 34 of Indian Penal Code against the de facto complainant herein.

5.

The photographs of the petitioners receiving grievous injuries are filed along with the bail application and the same is not disputed by the learned Assistant Public Prosecutor.

6.

In the present case, the case and counter cases are filed and the petitioners in fact received grievous injuries. When the quarrel was free fight amongst two groups and when there are no specific allegations against these petitioners, the petitioners/Accused can be granted the relief of anticipatory bail.

7.

Accordingly, the Criminal Petition is allowed and the petitioners/Accused Nos.1 and 2 shall be enlarged on bail in the event of their arrest subject to the following conditions: i) The petitioners/Accused Nos.1 and 2 are directed to surrender before the Station House Officer, Nakrekal Police Station, Nalgonda District within one week from today and on such surrender, they

shall be enlarged on bail on their executing personal bonds for a sum of Rs.20,000/- (Rupees Twenty Thousand Only) each with two sureties to the like sum each, to its satisfaction. ii) The petitioners/Accused Nos.1 and 2 shall appear before the concerned Station House Officer on every Monday between 10.30 AM and 01.00 PM for a period of eight (08) weeks. iii) The petitioners/Accused Nos.1 and 2 shall abide by the other conditions stipulated in Section 438(2) Cr.P.C. Miscellaneous applications, pending if any, shall stand closed. _____________ K.SURENDER, J Date: 14.07.2022 ns