Kusumbs Babu Rao And 12 Others v. The State Of Telangana

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No. 6366 of 2022 ORDER:

This Criminal Petition is filed under Section 438 of Cr.P.C. by petitioners/A5 to A16 & A21 seeking bail in the event of their arrest in connection with Crime No.209 of 2021 on the file of Narsampet Town Police Station, Warangal District, registered for the offences punishable under Sections 143, 148, 341, 447, 427, 353, 332, 506, 307, 189 read with 149 of Indian Penal Code and section 3 of Prevention of Damage to Public Property Act, 1984 (for short 'PDPP Act').

2.

Heard learned counsel for the petitioners and learned Assistant Public Prosecutor for the respondent-State and perused the record.

3.

The case of the prosecution is that these petitioners and several others have unlawfully trespassed into the Government land and erected tents on 14.08.2021. When the Government Officials tried to evict these petitioners and others who had erected tents, the said persons attacked with armed sticks, sickles, crowbars and also attempted to kill the revenue officials and caused damage to the public property.

4.

Learned Assistant Public Prosecutor on instructions submits that there was an altercation in the said land, however, none of the officials were seriously injured except some simple injuries on one or two persons.

5.

Learned Counsel for the petitioners submits that these petitioners have never gone to the said land and also undertakes that they have nothing to do with the said land and they will never go to the said land.

6.

In the said circumstances, the petitioners who are farmers can be granted the relief of anticipatory bail. 7.

Accordingly, the criminal petition is allowed and the petitioners/A5 to A16 & A21 shall be enlarged on bail in the event of their arrest, subject to the following conditions:

1) The petitioners/ A5 to A16 & A21 are directed to surrender before the Station House Officer, Narsampet Town Police Station, within a period of ten days from the date of this order. On such surrender, the said Station House Officer shall release the petitioners/ A5 to A16 & A21 on bail, on their executing personal bonds for a sum of Rs.5,000/- (Rupees Five Thousand only) each with two sureties in a like sum each to his satisfaction.

2) On such release, the petitioners/ A5 to A16 & A21 shall appear before the police every Monday between 10.00 a.m. to 1.00 p.m. for a period of eight weeks, for the purpose of investigation.

3) The petitioners/ A5 to A16 & A21 shall abide by the other conditions stipulated in Section 438(2) of Cr.P.C and shall co-operate with the Investigating Officer in investigating the case.

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

__________________ K.SURENDER, J Date :26.07.2022 tk

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No. 6366 of 2022 Dt.26.07.2022 tk