B.Sai Sambasiva Sanjay, v. State Of Telangana,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH [Special Original Jurisdiction] FRIDAY THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND SIXTEEN PRESENT CRIMINAL PETITION NO. 15017 OF 2016 Between:

B.Sai Sambasiva Sanjay ...

Petitioner/complainant V/s.

The State of Telangana Represented by its Public Prosecutor [TG] High Court of Judicature for the State Of Telangana & Andhra Pradesh, Hyderabad.

...

Respondents/Accused Through the Station House Officer, SN Puram Police Station, Vijayawada city, Krishna district & Anr.

Counsel for the Petitioner:

Sri S. Sridhar Counsel for the Respondent:

Public Prosecutor [TG] The court made the following:

[order follows]

CRIMINAL PETITION NO. 15017 OF 2016 O R D E R :

This Criminal Petition is filed by the petitioner/defacto complainant under section 438 [2] Cr.P.C. seeking to cancel the bail granted to the respondent No.2/accused in Crl.MP.No. 1336 of 2016 on the file of XIII Additional District and Sessions Judge [FTC] Vijayawada, registered for the offences punishable under section 324, 341, 307, 506 read with section 34 of IPC.

2. On perusal of order dated 21/9/2016, the learned Additional Sessions Judge recorded that on 12/9/2016 at about 06:00 p.m., there was a procession of idol of Vinayaka, the defacto complainant went to his house of Vemula Siva Sai and the procession was going on. They were standing on the road at the time respondent No.2 asked to put love songs whereas deity songs were put in the procession. On that accused grew wild and nursed grudge and attempted to kill the defacto complainant. Then A-1 to A-4 came

there and attacked him with iron pipes and stout sticks on the head, legs and shoulders indiscriminately. It is further recorded that as seen from the CD file investigating agency examined six witnesses and after completion of investigation the police filed charge sheet. A copy of draft charge sheet is available in the CD file, which shows that the entire investigation is completed. In view of the aforesaid information, the learned Additional Sessions Judge granted bail to the respondent No.2.

3. Sri S. Sridhar, learned counsel appearing on behalf of the petitioner submits that in such serious crime where the defacto complainant received wound injuries, the learned Judge without considering those facts has granted bail.

4.

On a specific query from the counsel for the petitioner/defacto complainant whether the defacto complainant underwent medical examination and MLC prepared by the hospital, he answered in negative.

5. Keeping in view the averments made in the said petition and after perusing the order impugned in question, I am of the opinion that there is no discrepancy in the order passed by the learned Additional Sessions Judge, in Crl.MP.No. 1336 of 2016.

6. Finding no merit in the said petition and the same is accordingly dismissed.

7. As a sequel, miscellaneous petitions if any pending in this Criminal Petition shall stand disposed of.

___________________________________ JUSTICE SURESH KUMAR KAIT.

04/11/2016 I s L

CRIMINAL PETITION NO. 15017 OF 2016 Date: 04/11/2016 Circulation No.

Court Master: I s L