Chintakayala Srikanth v. The State Of Telangana

I 31s8 I

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THURSDAY, THE ELEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY ONE :PRESENT:

,/ THE HONOURABLE JUSTICE G SRI DEVI CRIMINAL PETITION NO: 7825 OF 2021 Between:

l. Chintakayala Srikanth S/o C. Yellaiah '/

2. Pitla Narsimlu S/o P. Laxmaiah

3. Telukunta Santosh Kumar S/o T. Ramachandraiah Petitioners/Accused No. 1 to 3 AND The State of Telangana, through S.H.O. P.S. Dundigal, Cyberabad Commissionerate, Ranga Reddy District, represented by Public Prosecutor, High Court at Hyderabad. RespondenVCornplainant Petition under Sections 437 & 439 of Cr.P.C, praying that in the circumstances stated in support of the Criminal Petition, the High Coun may be pleased to enlarge the petitioners/Accused Nos. I to 3. on bail arrested in Cr. No. 912 of 2021, of P.S. Dundigal, Cyberabad Commissionerate, Ranga Reddy District on such terms and conditions as this Hon'ble Court may deem fit and proper in the interest ofjustice; The petition coming on for hearing, upon perusing the Petition filed in support thereof and upon hearing the arguments of Sri K. Venumadhav Advocate for the Petitioners, and Assistant Public Prosecutor for the Respondents, the Court made the following. ORDER:

./'

THE HONOURABLEJUSTICE G. SRI DEVI / CRIMINAI PETI TION No.7825 ot 2021 ORDER:

This Criminal Petition, under Sections 437 and 439 of the Code of Criminal Procedure, 1973, is filed by the petitioners/Al to A3 to grant bail to them in Cr.No.912 ol 2021 on the file of Dundigal Police Station, Pet Basheerabad, Cyberabad, registered for the offences punishable under Sections 304-ll, 201 , 202, 203, 205 read with Sections 109 and 120-B IPC and under Sections 184, 185, 187 and 188 of tvl.V.Act.

2.

Heard learned counsel appearing for the petitioners/A1 to 43, learned Assistant Public Prosecutor appearing for the respondentState and perused the record. 3.

The prosecution case is that on 24.09.2021, 41 drove the water tanker bearing No.AP 12 V 1185 in a rash and negligent manner and dashed against one person causing death on the spot and as A1 is not having valid driving licence, 43 changed the driver and put 42 as driver in the place of Al .

4.

Learned counsel for the petitioners would submit that all the allegations made against the petitioners are false and baseless and they have nothing to do to with the alleged offences. He would further submit that the petitioners have been languishing in jail since 25.09.2021 and that the entire investigation is completed, except filing of the charge sheet. He would also submit that the L.\

petitioners have no criminal antecedents prior to the alleged occurrence and they are law abiding citizens and ready to abide by any condition that may be imposed by this Court in the event of their enlargement on bail.

5.

Learned Assistant Public Prosecutor opposed to grant bail to the petitioners.

6.

A perusal of the material on record would show that 41 , who was driving the water tanker at the time of accident, is not having valid driving licence. However, 43 being Supervisor negotiated with A2, who is having valid driving licence, to accept as driver of the crime vehicle. However, having regard to the facts and circumstances and looking into the nature of allegations leveled against the petitioners and as the entire investigation is completed, except filing of the charge sheet, without adverting to the merits of the case, lam inclined to grant bail to the petitioners/A-1 to 43. 7.

The Criminal Petition is allowed and the petitioners/Al to 43 are directed to be released on barl subject to the following terms and conditions.

(1) The petitioners/Al to 43 shall be released on bail on their executing a personal bond to the tune of Rs.25,000/- (Rupees twenty five thousand only) each with two sureties for a like sum each to the satisfaction of the XXI Additional Metropolitan Magistrate, Rachakonda at L.B.Nagar, Ranga Reddy District

(2) The petitioners/A-1 to 43 shall appear before the lnvestigating Authorities on every Saturday between 10.00 AM and 5.00 PM till completion of investigation and filing of final report.

(3) the petitioners/A1 to 43 shall not interfere with the investigation, intimidate or induce the material witnesses and shall cooperate with the investigating agency.

(4) the petitioners/A1 to 43 shall appear before the Court concerned personally on each date of hearing till conclusion of trial.

(5) the petitioners/A1 to 43 shall not misuse the liberty granted to them.

B.

Miscellaneous applications, if any pending in this criminal petition, shall stand closed.

l .iD/- K. VENKAIAH ASSISTANT REGI:;TRAR LYr.,- //TRUE COPYII SECTION OFFICER To ll" 4V Additional Metropolitan Sessions Judge, Ranga Reddy District at L.B. nagar The XXI Metropolitan Magistrate, Cyberabad at Medchal, Ranga Reddy District The Superintendent, Central Prison, Cherlapally, Ranga Reddy District The Station House Officer, Dundigal Police Station, Cyberabad C'ommissionerate One CC to Sri K. Venumadhav, Advocate [OpUC] Two CC to Public Prosecutor, High Court, Hyderabad One spare cop1, I

/ HIGH COURT GSDJ DATED:ll/tt/2021

ORDER

CRLP.No.7825 of 2021 CRLP. ALLOWED THE S;!

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