Nimmala Srinivas v. The State Of Telangana
HON'BLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.7261 of 2019 O R D E R :
This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by petitioners/A1,A3 to A6 and A9, seeking to grant anticipatory bail in Crime No.88 of 2019 on the file of Boinpalli Police Station, Rajanna Siricilla District, registered for the offences under Sections 448, 427, 436, 290, 506, 323 read with Section 149 IPC. Heard learned counsel for the petitioners, learned Additional Public Prosecutor representing the respondentState and perused the record. It is alleged in the complaint that on 06.07.
2019 at 1700 hours, due to some disputes, all the accused had criminally trespassed into the house of the de-facto complainant, damaged the household articles and thrown plastic chairs in front of her house, poured petrol and set fire those articles and they also abused her in filthy language and threatened to kill her, her son and her husband. Learned counsel for the petitioners submits that the petitioners have not committed any offences as alleged and that as A.1 lodged a complaint against the son of the de-facto complainant under SCs & STs (POA) Act, which was registered as Cr.No.
foisted falsely against the petitioners in order to settle the disputes. He further submits that the investigation is completed as the prosecution has examined all the witnesses and recorded their detailed statements. He further submits that as the petitioners have permanent abode, the question of their jumping the bail does not arise. He further submits that the alleged incident occurred on 05.07.2019 at about 9.00 PM, but the complaint was lodged on 06.07.2019 at 5.00 PM and thus, there was delay of 20 hours in lodging the complaint. It is submitted that earlier anticipatory bail application filed by the petitioners was dismissed by this Court vide order dt.16.10.2019 in Crl.P.No.6319 of 2019. He further submits that the petitioners are ready to abide by the conditions imposed by this Court by furnishing sufficient sureties.
As seen from the contents of the complaint, there are specific allegations against the petitioners that they had criminally trespassed into the house of the de-facto complainant and completely damaged the household articles by pouring petrol and setting fire and that they also abused the de-facto complainant in filthy language and threatened to kill her and her family members. Since earlier anticipatory bail application filed by the petitioners was dismissed by this Court vide order dt.16.10.2019 in Crl.P.No.6319 of 2019 and in this second anticipatory bail application, no new grounds whatsoever have been assigned by the petitioners, I am not
inclined to grant anticipatory bail and their prayer for anticipatory bail is refused.
Accordingly, this Criminal Petition is dismissed. As a sequel, miscellaneous petitions pending, if any, shall stand closed.
________________________ JUSTICE G. SRI DEVI 20.11.2019.
Msr
HON'BLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.7261 of 2019 20.11.2019 Msr