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High Court for State of TelanganaCRLP/9564/2023disposed of no costs

Rathlavath Ramesh v. The State Of Telangana

2023-10-04K.Surender4 pages

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.9564 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 petitioner/Accused No.1 in Crime.No.940 of 2023 on the file of Uppal Police Station, Medchal-Malkajgiri 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 prosecution is that de-facto complainant went to the house of petitioner as he was acquainted with the wife of this petitioner namely Mounika. The petitioner went to the house and found de-facto complainant not wearing T-shirt and suspected the de-facto complainant and his wife. Accordingly, he along with other

accused who are A-2 to A-14 beat him on all parts of the body.

4.

Learned counsel for the petitioner submits that all the accused have been granted bail by this Court and since investigation is already complete, the petitioner may be released on bail.

5.

On the other hand, learned Additional Public Prosecutor on instructions would submit that the petitioner is the main accused and since he has committed heinous crime, he cannot be granted the relief of regular bail.

6.

As seen from the remand report, the de-facto complainant was found without shirt in his house along with his wife. Enraged seeing the de-facto complainant and his wife, altercation and incident ensued. Keeping in view that most of the witnesses have been examined, this Court deems it appropriate to grant the relief of regular bail and also for the reason of de-facto complainant/injured already being treated, subject to following conditions:

i) The petitioner/Accused No.1 shall execute 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 VI Additional Metropolitan Magistrate, Medchal-Malkajgiri at L.B.Nagar.

ii) The petitioner/Accused No.1 after release shall appear before the concerned Station House Officer at 10:00 a.m. on every Monday for a period of eight weeks for the purpose of investigation and thereafter, as and when required.

iii) The petitioner/Accused No.1 shall abide by the other conditions stipulated under Section 437(3) of Cr.P.C.

7.

Accordingly, this Criminal Petition is allowed.

Miscellaneous applications, pending if any, shall stand closed.

_________________ K.SURENDER, J Date: 04.10.2023 dv

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO. 9564 OF 2023 Dt.04.10.2023 dv