Avudoddi Shiva v. The State Of Telangana
THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION Nos.8502, 8506 and 8507 OF 2023 COMMON ORDER:
This Criminal Petition is filed under Section 438 of the Code of Criminal Procedure, 1973 seeking anticipatory bail to the petitioner/A5 in Crlp No.8502 of 2023, petitioner/A3 in Crlp No.8506 of 2023, petitioner/A2 in Crlp No.8507 of 2023 in Crime No.224 of 2023 on the file of Station House Officer, Chivemla Police Station, Suryapet District registered for the offence punishable under Section 447, 323, 386, 506 Read with Section 34 of Indian Penal Code. 2.
Heard learned counsel for petitioner and learned Assistant Public Prosecutor for respondent-State. Perused the record. 3.
This Court dismissed the relief of anticipatory bail against the Accused No.1 in Criminal Petition No.8338 of 2023. The case of the prosecution is that Accused No.1 with others including petitioners went into the premises of the defacto complainant and committed theft and Accused No.1 has also threatened the defacto complainant with weapon. As far as present petitioners are concerned, there are no specific allegations except stating that there were present at the place of incident.
4.
In view of the absence of specific allegations against the petitioners, this Court deems it fit to grant Anticipatory Bail. 5.
Accordingly, the Criminal Petitions are allowed and the petitioner/A5 in Crlp No.8502 of 2023, petitioner/A3 in Crlp No.8506 of 2023, petitioner/A2 in Crlp No.8507 of 2023 shall be enlarged on bail subject to the following conditions:
i) The petitioners/A2,A3 and A5 are directed to surrender before the Station House Officer, Chivemla Police Station, Suryapet District on or before 14.09.2023, and on such surrender, they shall be enlarged on bail on their executing personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties to the like sum each, to satisfaction of the Station House Officer. ii) The petitioners/A2,A3 and A5 shall appear before the concerned Station House Officer on every Monday between 10.00 AM and 01.00 PM for a period of two (02) months, for the purpose of investigation.
iii) The petitioners/A2,A3 and A5 shall abide by the other conditions stipulated in Section 438(2) Cr.P.C. As a sequel thereto, miscellaneous applications, if any pending, shall stand closed.
_____________ K.SURENDER, J Date: 11.09.2023 SHA