Nallala Chandraiah And Another v. State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.7382 OF 2022 ORDER:

This Criminal Petition is filed under Section 438 of the Code of Criminal Procedure, 1973 seeking bail to the petitioners who are arrayed as Accused Nos.1 and 2 in the event of their arrest in Crime No.98 of 2022 on the file of Station House Officer, Pegadapalli Police Station, Jagitial District registered for the offences punishable under Sections 290 and 307 read with Section 34 of Indian Penal Code. 2.

Heard learned counsel for the petitioners/Accused Nos.1 and 2 and learned Assistant Public Prosecutor for the respondent-State. Perused the record.

3.

The facts of the case are that the petitioners who are the brothers of the de facto complainant allegedly trespassed into the land of the de facto complainant. On 14.06.2022 an altercation took place regarding the partition of the property, for which reason there was a free fight in between the petitioners and the other side. Aggrieved by the said trespass and causing injury, the present complaint was filed.

4.

Learned counsel for the petitioners submits that the petitioners also filed another complaint which was registered as Crime No.102 of 2022 in the very same police station. 5.

Learned Assistant Public Prosecutor produced the medical certificates showing injuries that were received by the de facto complainant and the learned counsel for the petitioners also produced the medical certificates showing injuries on their person. 6.

In the said circumstances, since the altercation is a result of property disputes, the petitioners can be granted the relief of anticipatory bail.

7.

Accordingly, the Criminal Petition is allowed and the petitioners/Accused Nos.1 and 2 shall be enlarged on bail in the event of their arrest subject to the following conditions: i) The petitioners/Accused Nos.1 and 2 are directed to surrender before the Station House Officer, Pegadapalli Police Station, Jagitial District within ten days from today, and on such surrender, they shall be enlarged on bail on their executing personal bonds for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each with two sureties to the like sum each, to its satisfaction.

ii) The petitioners/Accused Nos.1 and 2 shall appear before the concerned Station House Officer on every Monday and Thursday between 10.30 AM and 01.00 PM for a period of six (06) weeks and thereafter as and when required.

iii) The petitioners/Accused Nos.1 and 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: 25.08.2022 ns