Mohd Masiuddin Or Mohd Masiuddin v. The State Of Telangana

THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.6861 of 2019 ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by petitioner/A1, seeking to grant anticipatory bail in Cr.No.71 of 2019 on the file of Dabeerpura Police Station, Hyderabad, registered for the offence under Section 307 read with Section 34 IPC and under Section 25(1)(A) of Arms Act. 2.

Heard learned counsel for the petitioner/A1, learned Additional Public Prosecutor representing the respondent-State and perused the record.

3.

It is alleged in the complaint that on 07.05.2019 at about 2.45 hours, when the de-facto complainant and his friends went to Javeed's room after receiving a phone call from him, A1 and A3 came there and shouted him by uttering the words mentioned therein, and thereafter, A1 beat the de-facto complainant with hands, due to which, he fell down and received scratch injuries on his leg and A1 also attacked him with a knife in order to kill him, and immediately, when the de-facto complainant pulled the knife from his hands, he received injury to his right hand palm, and thereafter, at 3.20 hours, when the de-facto complainant along with A1, A2 and his friends went to Deluxe Medical Hall, near Dabeepura, to discuss the issue, A2 came there and tried to attack the de-facto complainant with a knife, then he escaped from them and lodged the complaint.

4.

Learned counsel for the petitioner/A1 submits that the petitioner has been falsely implicated in the alleged crime and that the entire investigation is completed, except filing of the charge sheet. He further submits that the Police, Chikkadpally had registered a case in Cr.No.252 of 2019 under Section 364-A IPC against the de-facto complainant, which clearly shows that he is a litigant in filing cases against the innocent persons in order to extract the amount. He further submits that the petitioner is student and if the police arrested him, his future may spoil. He further submits that the allegations made against the petitioner are very weak, and that the petitioner shall abide by the conditions imposed by this Court. 5.

As seen from the contents of FIR, it is alleged that after attending prayers at Khilwath, when the de-facto complainant and his friends went to Javeed's room on receipt of a phone call, the petitioner/A1 along with his friend came there and assaulted him with hands and pushed him, due to which, the de-facto complainant received scratch injuries and thereafter, the petitioner/A1 attacked the de-facto complainant with knife with an intention to kill him and when he pulled the knife, he received injury to his right hand palm, and again, A2 also tried to attack him with a knife. Thus, there are specific allegations against the petitioner/A1 that he attacked the defacto complainant with deadly weapon. Thus, in view of the nature of allegations leveled against the petitioner/A1, I am not inclined to grant anticipatory bail to him and his prayer for anticipatory bail is refused.

6.

Accordingly, the Criminal Petition is dismissed. 7.

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

_____________ G. SRI DEVI, J 5th November, 2019 sj