Middela Sugunamma v. The State Of Telangana
THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NOS.6427 OF 2022 AND COMMON ORDER:
These two Criminal Petitions are filed under Section 438 of the Code of Criminal Procedure, 1973 seeking bail to the petitioners who are arrayed as Accused Nos.3, 4, 6, 7 and 8 in the event of their arrest in Crime No.410 of 2022 on the file of Station House Officer, Choutuppal Police Station, Rachakonda registered for the offences punishable under Sections 143, 148, 452, 30, 504 and 506 read with Section 149 of Indian Penal Code.
2.
Heard learned counsel for petitioners/Accused Nos.3, 4, 6, 7 and 8 and learned Assistant Public Prosecutor for respondent-State. Perused the record.
3.
The case of the prosecution is that Accused No.1 and others were insisting Epitome Project to buy the said disputed land at a higher rate failing which they will cause nuisance and disturbance and will not allow Epitome Project to carry out their developmental activities on the subject land and that when Epitome project's management refused the above said demand, the accused Nos.1 to
10 formed into an unlawful assembly, criminally trespassed into the Epitome Project office by carrying multiple deadly weapons and that they beat Jogula Raman, Gantla Ramesh, Pappu Kumar Sharma with sticks and axe and damaged 04 cars by destroying the Wind Shields of the said cars and also destroyed the entire furniture of Epitome Project Office and threatened the employees with dire consequences if they continue to run the business activities in Choutuppal Area. 4.
Learned counsel for the petitioners submits that Accused Nos.1, 2, 9 and 10 were already arrested and released on bail. As seen from the order of the learned Principal Sessions Judge, Bhongir releasing the petitioners on bail it was stated that the injured sustained only simple injuries and they discharged from hospital. In the said circumstances bail was granted to Accused Nos.1, 2, 9 and
10. Further it is stated in the order that there is an order dated 15.07.2022 passed by the Revenue Divisional Officer, Choutuppal in respect of the said lands prohibiting the disputed parties from taking over the physical possession of the property in any manner whatsoever.
5.
Keeping in view the disputes regarding the land and that only simple injuries received by the victim, these petitioners can be granted the relief of anticipatory bail.
6.
Accordingly, these two Criminal Petitions are allowed and the petitioners/Accused Nos.3, 4, 6, 7 & 8 shall be enlarged on bail in the event of their arrest subject to the following conditions: i) The petitioners/Accused Nos.3, 4, 6, 7 and 8 are directed to surrender before the Station House Officer, Choutuppal Police Station, Rachakonda 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.10,000/- (Rupees Ten Thousand Only) each with two sureties to the like sum each, to its satisfaction. ii) The petitioners/Accused Nos.3, 4, 6, 7 and 8 shall appear before the concerned Station House Officer on every Monday between 10.00 AM and 01.00 PM for a period of six (06) weeks. iii) The petitioners/Accused Nos.3, 4, 6, 7 and 8 shall abide by the other conditions stipulated in Section 438(2) Cr.P.C.
7.
As a sequel thereto, miscellaneous applications, if any pending, shall stand closed.
_____________ K.SURENDER, J Date: 22.07.2022 ns