Chilaka Sathish v. The State Of Telangana

[ 31s8 ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD WEDNESDAY, THE TENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY ONE :PRESENT:

THE HONOURABLE JUSTICE G SRI DEVI CRIMINAL PETITION NO: 8O21 OF 2O2L Between:

1. Chilaka Sathish, S/o. Janaiah, (Al)

2. Md. Feroz, S/o. KhajaBhai, (A2)

3. Sk. Masthan Baba, S/o. Khasim (A3) Petitioners/Accused No.1 to 3 AND The State of Telangana, through The State APTS, Khammam, Rep by Public Prosecutor,Khammam, High Court of Telangana Respondent/Complainant Petition under Section 437 & 439 of Cr.P.C, praying that in the circumstances stated in the grounds filed in the Criminal Petition, the High Court may be pleased to enlarge the petitioners/Accused No. 1to 3 on bail in connection with crime no. 5850 of 2027 on the file of Spl. Sessions Judge for Trial of cases Under Electricity Act-cum-I Addl. Sessions Judge at Khammamand , The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of SRI PARSA ANANTH NAGESWAR RAO Advocate for the Petitioner and the Assistant PUBLIC PROSECUTOR for the Respondent, the Court made the following. ORDER:

THE HONOURABLE JUSTICE G. SRI DE\/I CRIM1NAL PBTITION NO.BO2 1 o ORDER:

This Criminal Petition, under Sections 437 and 439 of the Code of Criminal Procedure, 1973, is filed by the petitioners/A- i to A-3, seeking to grant bail to them in connection with Crime No.5850 of 2027 of P.S. A.P.T.S., Khammam District, registered for the offences punishable under Sections 135, 136, 138, 14O and 150 of the Indian Electricity Act, 2003.

Heard the learned counsel appearing for the petitioners/A-1 to A-3, learned Assistant Public Prosecutor appea.ring for the respondent-State and perused the record.

Learned counsel for the petitioners submits that the petitioners are innocents of the crime alleged and th at the police have foisted a false case against them. It is further submitted that the petitioners are in custody since 14.10.2021 and they are willing to abide by any terms and conditions that are imposed by this Court in the event of granting them bai1. Hence, it is prayed to enlarge the petitioners/A-1 to A-3 on bail.

Learned Assistant Public Prosecutor appearing for the State has vehemently opposed the petition. However, it has been conceded by the learned Assistant Public Prosecutor that the petitioners are in custody since 14.10.202 1. Out of the assessed amount of Rs.5,05,077/ -, the first petitioner has already paid Rs.2,52,635/- on 12.1O.2021 . The only allegation against the second petitioner is that he has abetted the first petitioner to commit theft of electricity enr:rgr and the third petitioner is only a private electrician.

Therefore, looking into the nature of allegations levelled against the petitioners/A- 1 to A-3, without delving into the merits of the matter, I am inclined to grant bail to the petitioners/A- 1 to A-3.

-The Criminal Petition is allowed and the petitioners/A-l to A-3 are directed to be released on bail, subject to the following terms and conditions:

(i) The petitioners/A-l to A-3 shall be released on bail on their executing a personal bond to the tune of Rs. 15,000/- (Rupees fifteen thousand only) each with two sureties for a like sum each to the satisfaction of the III Judicial First Class Magistrate at Khammam. However, the first petitioner/A- 1 shall deposit the balance assessed amount within two months from the date of his release.

(ii) The petitioners/A- 1 to A-3 shall not be indulged in similar type of offences in future and if it is found that they are indulged in similar type of offences in future, liberty granted to them shall automatically stand cancelled and they would be taken into custody forthwith.

(iii) The petitioners/A- 1 to A-3 shall not interfere with the investigation, intimidate or induce the material witnesses and shall cooperate with the investigating agency.

(iv) The petitioners/A- 1 to A-3 shall not misuse the liberty granted to them.

The petitioners/A- 1 to A-3 sha11 personal^y appear (v) before the Court concerned on each date c,f hearing till conclusion oI trial.

Miscellaneous applications, if any, pending, shall stand closed sD/- v.suDHA ASiSISIANT REGISTRAR Ch-- SECTION OFFICER To, I //TRUE COPY// The Spl Sessions Judge for Trial of Cases Under Electricity Act-cum I Additional Sessions Judge at Khammam.

The Superintendent Sub Jail, Khammam The Station House Officer, APTS Police Station, Khammanr, Khammam District. One CC to SRl. PARSA ANANTH NAGESWAR RAO Advcrcate [OPUC] Two CCs to PUBLIC PROSECUTOR, High Court at Hyderabad. [OUT] One Spare copy I a o

,i, HIGH COURT GSDJ DAlED:1011112021

ORDER

CRLP.No.8021 of 2021 BAIL oa r ?

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