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High Court for State of TelanganaCRLP/9122/2023disposed of no costs

Rathlavath Amru v. The State Of Telangana

2023-09-25K.Surender4 pages

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.9122 OF 2023 ORDER:

1.

This Criminal Petition is filed under Sections 437 and 439 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking regular bail to the petitioners/Accused Nos.2, 3, 5, 6, 7, 9, 10 & 14 in Crime.No.754 of 2023 on the file of Uppal Police Station, Medchal-Malkakgiri District, registered for the offences under Sections 307, 364, 342, 354, 324 and 504 r/w. 34 of IPC.

2.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent-State and perused the record.

3.

The case of the Police is that a 'zero' FIR was registered and transferred from Wanaparthy to Uppal Police Station. The de-facto complainant alleged that he was acquainted with one Mounica of Vallabapuram tanda. When A1/husband of Mounica was not in the house, the de-facto complainant went to the house and asked for drinking water, while he was drinking water, the water fell on him, due to

which he removed his T-shirt and kept on the chair to dry. Meanwhile, Mounica's husband came there and assaulted the de-facto complainant. All these petitioners have beaten both, the de-facto complainant and the wife of A-1. 4.

Learned counsel for the petitioners submits that bald allegations are leveled against these petitioners. In fact there are no specific over tacts against these petitioners to attribute the intention to murder.

5.

As seen from the remand report, it appears that A-1 is suspecting that the de-facto complainant and his wife had illegal relation, which had lead to the incident. 6.

Learned Additional Public Prosecutor on instructions would submit that the injured were already treated and discharged.

7.

In the present facts and circumstances of the case, this Court deems it appropriate to grant the relief of regular bail the petitioners, subject to following conditions: i) The petitioners/Accused Nos. 2, 3, 5, 6, 7, 9, 10 & 14 shall execute personal bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two

sureties, for a like sum each to the satisfaction of VI Additional Metropolitan Magistrate, MedchalMalkajgiri, Uppal.

ii) The petitioners/Accused Nos. 2, 5, 6 & 7 after release shall appear before the concerned Station House Officer on every Monday for a period of eight weeks at 10.00 AM and thereafter as and when required, for the purpose of investigation. Likewise, petitioners/Accused Nos.3, 9, 10 & 14 shall appear as and when required.

iii) The petitioners/Accused Nos. 2, 3, 5, 6, 7, 9, 10 & 14 shall abide by the other conditions stipulated under Section 437(3) of Cr.P.C.

8.

Accordingly, this Criminal Petition is allowed.

Miscellaneous applications, pending if any, shall stand closed.

_________________ K.SURENDER, J Date: 25.09.2023 dv

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO. 9122 OF 2023 Dt.25.09.2023 dv