Vakadani Nageswara Rao And 2 Others v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.6232 OF 2022 ORDER:

This Criminal Petition is filed under Section 438 of the Code of Criminal Procedure, 1973 seeking bail to the petitioners who are arrayed as Accused Nos.1 to 3 in the event of their arrest in Crime No.101 of 2022 on the file of Station House Officer, Wyra Police Station, Khammam registered for the offences punishable under Sections 447, 294(b) and 307 read with Section 34 of Indian Penal Code.

2.

Heard learned counsel for petitioners/Accused Nos.1 to 3 and learned Assistant Public Prosecutor for respondent-State. Perused the record.

3.

The allegations against these petitioners are that, when the de facto complainant and her husband were in their fields these petitioners went into the land of the de facto complainant and started digging soil for water. The de facto complainant and injured-husband objected, for which reason these three persons attacked him and caused bleeding injuries. The injured was taken to hospital for treatment.

4.

On instructions learned Assistant Public Prosecutor would submit that the injured was discharged from the hospital after treatment.

5.

As seen from the complaint there are disputes regarding the land, for which reason the petitioners, the de facto complainant and her husband entered into an altercation resulting in injuries to the de facto complainant's husband.

6.

Keeping in view that there are no other antecedents and the altercation was a result of land disputes, these petitioners can be granted the relief of anticipatory bail subject to conditions. 7.

Accordingly, the Criminal Petition is allowed and the petitioners/Accused Nos.1 to 3 shall be enlarged on bail in the event of their arrest subject to the following conditions: i) The petitioners/Accused Nos.1 to 3 are directed to surrender before the Station House Officer, Wyra Police Station, Khammam 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.50,000/- (Rupees Fifty Thousand Only) with two sureties to the like sum each, to its satisfaction.

ii) The petitioners/Accused Nos.1 to 3 shall appear before the concerned Station House Officer every day from 25.07.2022 to 29.08.2022 between 10.00 AM and 01.00 PM and thereafter as and when required.

iii) The petitioners/Accused Nos.1 to 3 shall abide by the other conditions stipulated in Section 438(2) Cr.P.C. 8.

As a sequel thereto, miscellaneous applications, if any pending, shall stand closed.

_____________ K.SURENDER, J Date: 21.07.2022 ns