Eeshwar , Hotel Bhimesh v. The State Of Telangana

HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION NO.7238 OF 2019 ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.), is filed by the petitioners/A-1 to A-3, for grant of anticipatory bail in Crime No.397 of 2019 of P.S. Shadnagar, Cyberabad District, registered for the offence punishable under Section 307 read with Sections 34 and 109 of the Indian Penal Code.

Heard the learned counsel for the petitioners/A-1 to A-3, the learned Additional Public Prosecutor representing the respondentState and perused the record. In the FIR, it is inter alia stated that on 21.06.2019 the de facto complainant gave a complaint stating that on 20.06.2019, the petitioners/accused attacked him with deadly weapons, beat him and broken his two legs with an intention to grab his house site and also demolished the basement constructed in his land. Learned counsel for the petitioners/A-1 to A-3 would submit that the petitioners/A-1 to A-3 are innocent and they have not committed any offence as alleged and the de facto complainant, without any reason, made obnoxious allegations against them with a devious intention. It is further submitted that how can a person, whose both legs were broken on 20.06.

2019, give complaint on 21.06.2019, which itself shows that the complaint is lodged by concocting a false story without there being any incident occurred, as alleged by the de facto complainant.

them. Hence, he prayed to grant anticipatory bail to the petitioners/A-1 to A-3.

Learned Additional Public Prosecutor representing the respondent-State opposed to grant anticipatory bail to the petitioners/A-1 to A-3 on the ground that the medical report dated 20.06.2019 shows that the de facto complainant sustained (1) Right both bone fracture in distal 1/3rd of leg with open injury and (2) Left both bone fracture in distal 1/3rd leg with open injury. As seen from the contents of the F.I.R. and also the medical report dated 20.06.2019, there are specific allegations against the petitioners/A-1 to A-3 that the petitioners/A-1 to A-3 have attacked the de facto complainant, beat him and also broke his two legs. Having regard to the facts and circumstances of the case, nature and gravity of the offence, this Court is not inclined to grant anticipatory bail to the petitioners/A-1 to A-3. The Criminal Petition is, accordingly, dismissed. Miscellaneous applications, if any, pending shall stand dismissed.

_________________ (G. SRI DEVI, J) 19th November 2019 RRB