K Chandu v. High Court For The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.7119 OF 2022 ORDER:

This Criminal Petition is filed under Section 438 of the Code of Criminal Procedure, 1973 seeking bail to the petitioner who is arrayed as Accused No.2 in the event of his arrest in Crime No.676 of 2022 on the file of Station House Officer, L.B.Nagar Police Station, Rachakonda Commissionerate registered for the offences punishable under Sections 364 and 302 read with Section 120(B), 109 & 34 read with Section 201 of Indian Penal Code and Section 3(2) (v) of SC & ST (POA) Act, 2016.

2.

Heard learned counsel for the petitioner/Accused No.2 and learned Assistant Public Prosecutor for the respondent-State. Perused the record.

3.

The case of the prosecution is that Accused Nos.1, 3 to 6 have conspired to kill a person for the reason of political rivalry. 4.

The allegation against this petitioner is that he had extended his support to the Accused Nos.1, 3 to 6 and promised to meet Court expenses in the event of their arrest.

5.

Learned counsel for the petitioner submits that even according to the prosecution he was not present at the scene nor has conspired with the other accused to kill the deceased, as per the remand report.

6.

In the said circumstances, the petitioner/Accused No.2 can be granted the relief of anticipatory bail.

7.

Accordingly, the Criminal Petition is allowed and the petitioner/Accused No.2 shall be enlarged on bail in the event of his arrest subject to the following conditions:

i) The petitioner/Accused No.2 is directed to surrender before the Station House Officer, L.B.Nagar Police Station, Rachakonda Commissionerate within ten days from today, and on such surrender, he shall be enlarged on bail on his executing personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two sureties to the like sum each, to its satisfaction. ii) The petitioner/Accused No.2 shall appear before the concerned Station House Officer everyday between 10.30 AM and 01.00 PM for a period of thirty (30) days and thereafter as and when required.

iii) The petitioner/Accused No.2 shall abide by the other conditions stipulated in Section 438(2) Cr.P.C. Miscellaneous applications, pending if any, shall stand closed. _____________ K.SURENDER, J Date: 17.08.2022 ns