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High Court for State of TelanganaCRLP/7597/2019allowed no costs

Sailu Sathunuri v. The State Of Telangana

2019-12-02G Sri Devi4 pages

[31s8 I HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD .MONDAY, THE SECOND DAY OF DECEMBER TWO THOUSAND AND NINETEEN :PRESENT:

THE HONOURABLE JUSTICE G SRI DEVI CRIMINAL PETITION NO: 7597 OF 2019 Between:

Sailu Sathunuri, S/o Late Venkaiah Petitioner/Accused AND The State of Telangana, Station House Officer P.S. Doma Rep. by the Ld. Public Prosecutor,High Court.

Respondent Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to grant anticipatory bail to the petitioners in Crime No. 136 of 2018 of Doma Police Station and direct the police to release the petitioners on bail in the event of their arrest in Crime No. 136 of20l8 of Doma Police Station The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof upon hearing the arguments of SRI V R MACHAVARA-\{ Advocate for the Petitioner and the ADDITIONAL PUBLIC PROSECUTOR for the Respondent, the Court made the following.

ORDER:

H()NOURABLE JUSTICE G. SRI DEVT CRIMINAL PETITION NO.7597 OF 2019 ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, lg73 (Cr.P.C.), is filed by the petitioner/accused, for grant of anticipatory bail in Crime No. 136 of 2018 of P.S. Doma, Vikarabad District, registered for the offences punishable under Section 504 of the Indian Penal Code and Section 3(t)(r)(s) of the SCs & STs (POA) Act, 2015. Heard the learned counsel for the petitioner/ accused, the learned Additionai Public Prosecutor representing the respondentState and perused the record. In the FIR, it i.s inter alia stated that on 27.72.2018 the complainant gave report to the police stating that on 20.12.2018, the petitioner/ accused was in group of TRS Yuvasena (youth wing) in which a person with cell No.

9704329905 was the admin and the petitioner abused the caste of Madiga in the audio voice but the same was deleted immediately and the same was hurting the selfrespect of Maadigas. Learned counsel for the petitioner/accused would submit that the case of the prosecution is false to the core and the petitioner/ accused is falsely implicated in the above crime as there were disputes with regard to monetary transactions between the petitioner and the de facto complainant. No audio clipping was recovered by the police and there is no evidence of the ce1l number of the petitioner being mentioned and there is no abuse of the de facto complainant in particular and hence, he prayed to grant anticipatory bail to the petitioner/accused.

Learned Addltional Public Prosecutor representing the respondent-State opposed to grant anticipatory bail to the petitioner/ accused.

Having regard to the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner/accused on some conditions.

Accordingly, the Criminal Petition is allowed and the petitioner/accused is directed to surrender before the Station House Officer, Doma Police Station, Vikarabad District, within a period of 15 days from the date of this order. On such surrender, the said Station House Officer shall release the petitioner/ accused on bail, on his executing personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties for a like sum each to his satisfaction. On such release, the petitioner/accused sha11 abide by the conditions stipulated in Section 438(2) Cr.P.C and cooperate with the investigating officer in investigating the case. Miscellaneous applications, if any pending sha1l stand closed.

Sd/-T. KRISHNA ASSISTANT //TRUE COPY/I SECTIO FFICER To,

1. The Judicial First Class Magistrate at Parigi, Vikarabad District.

2. The Station House Officer, Doma Police Station, Vikarabad District.

3. One CC to SRl. V R MACHAVARAM Advocate [OPUC] ,1. Two CCs to PUBLIC PROSECUTOR, High Court at Hyderabad. [OUT]

5. One Spare Copy Note: The typographical error in the prayer and order portion of the order dated 02.12.2019 in Crl.P. No. 7597 of 2019 as l'Crime No. 138 of 2019" is corrected as "Crime No. 136 of 2018" as per Court order dated 16.12.2019 in IA. No. I of 2019 in Crl.P. No. 7597 of 2019. Substitute this amended order in place of previous order which was already dispatched on 02.12.2019. Sd/.K.SHYLESHI ASSISTANT REGISTRAR R

HIGH COURT GSDJ DATED|02112|2019 16.12.2019 AMENDED OI{DE,R CRLP.No.7597 of 2019 .$ $ \ BAIL GR DTz 02-12-2019