Degavath Kishan v. The State Of Telangana
THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.10378 of 2025 ORDER:
Seeking the Court to enlarge the petitioner who is arrayed as accused No.6 in Crime No.94 of 2025 of Chengomul Police Station, Vikarabad District, on bail, the present Criminal Petition is filed.
2.
The brief facts of the case are that, on 18.04.2025, the de-facto complainant lodged a report with the Police stating that that on 16.04.2025, his lorry bearing No.TS34TB1899, driven by a hired driver, had traveled from Tunkimetla to Tadicherla, Khammapally, Peddapally District to load sand. After loading the sand, the lorry reached near the weighbridge (Kaanta) at Chengomul village, Pudur Mandal, Vikarabad District. At that time, the accused persons stopped the lorry, assaulted the driver with bare hands, forcibly took the lorry keys, and drove the lorry away from the location. The driver immediately informed the complainant over the phone. The complainant rushed to the spot and found that the sand loaded lorry was missing from the Chengomul village weighbridge. The accused had allegedly committed offences of causing hurt and theft of
the sand-loaded lorry, valued at approximately Rs.3,00,000/. Based on the above facts, the police registered a case vide Crime No.94 of 2025 for the offences punishable under Section 307 of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS'). 3.
Heard Sri R. Prashanth, learned counsel appearing on behalf of the petitioner as well as Sri Syed Yasar Manoon, learned Additional Public Prosecutor appearing on behalf of the respondent-State.
4.
Learned counsel for the petitioner submitted that the petitioner was innocent and had not committed any offence, and that he had been falsely implicated in the present case and that that accused Nos.1 to 5 had already been released on bail. He further submitted that the petitioner had been arrested on 10.08.2025 and that the material part of the investigation had been completed, including the examination of 12 witnesses. Therefore, he prayed the Court to grant bail to the petitioner by allowing this criminal petition.
5.
On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioner. He contended that the bail granted to accused Nos.1 to 5 on 22.04.2025 by the learned Magistrate had been revoked
by the same Magistrate due to jurisdictional issues, and that the said accused had been remanded to custody. He further submitted that the investigation is in progress and if the petitioner is released on bail, at this stage, he may tamper with the evidence and may threaten the witnesses. Therefore, he prayed the Court to dismiss the criminal petition. 6.
In the light of the submissions made by both the learned counsel and a perusal of the material available on record, it is observed that the petitioner has been in jail since 10.08.2025. As seen from the record, the material part of the investigation has been completed, including the examination of twelve witnesses.
7.
Taking into consideration the facts and circumstances of the case, this Court deems it fit to grant bail to the petitioner subject to the following conditions:
i.
The petitioner shall execute a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties for a like sum each to the satisfaction of the learned Judicial First Class Magistrate at Tandur, Vikarabad District, I/c.
Judicial First Class Magistrate at Pargi, Vikarabad District.
ii.
The petitioner shall appear before the concerned SHO at 11:00 A.M., on every Monday for a period of eight (8) week or till filing of charge sheet whichever is earlier, for the purpose of investigation, and thereafter, as and when required.
iii.
The petitioner shall abide by the conditions stipulated in Section 437(3) of Cr.P.C. (presently, Section 480(3) of the BNSS).
7.
Accordingly, the Criminal petition is allowed. Miscellaneous applications, if any pending, shall stand closed.
_______________ K. SUJANA, J Date: 25.08.2025 SS
THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.10378 of 2025 Date: 25.08.2025 SS