Avula Mohan Reddy v. The State Of Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD WEDNESDAY,THE TWENTY FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 7868 OF 2022 Between:

Avula lVohan Reddy, S/o. Laxmikanth Reddy, Aged about 50 years, OccBusiness, Rl/o. Kaikondaigudem, Khammam Districi, Telangana l ...PETITIONERyA,CCUSED No.1 AND

1. The State of Telangana, Rep. by its Station House Officer, p.S. Khanapuram, Khammam District, Through the Public Prosecutor, High Court High Cdurt for the State of Telangana ...RESPONDENT No.1

2. Kopela Rambabu, S/o. Samuel, Aged about 2B years, Occ- Labourer, R/o. Puttakota Village, Khammam District, Telangana ...RESPONDENT/DEFACTO COMPLAINANT Petition under Section 438 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to direct the S.H.O. of P.S., Khanapuram, Khammam District, Telangana to enlarge the Petitioner/Accused No. 1 on bail in the event of his arrest by the P.S. Khanapuram in FlR. No. 280 ol 2022 dated 2410812O22. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri .G. Venkat Sri Maithreya, Advocate for the Petitioner and the Assistant Public Prosecutor on behalf of the Respondent No.1 and none appeared forthe Respondent No.2. The Court made the following: ORDER

crl.Petiticn No.7868 of 2022 THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.78 oF 2022 ORDER:

This Criminal Petition is filed under Section 438 of the Code of Criminal Procedure, 1973 seeking pre-arrest ball to the petitioner, who is arrayed as Accused No.1 in the event of his arrest in Crime No.280 of 2022 on the file of Station House Officer, Khanapuram Haveli Police Station, Khammam District registered for the offences punishable under Sections 306 and 420 read with Section 34 of Indian Penal Code and Section 3(2XV) of SC/ST Atrocities Prevention Act, 1989.

2.

Heard the learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State. Notice issued on the 2nd respondent/de facto complainant. Perused the record.

3. The facts of the case are that this petitioner and two others sold Ac.0-30 guntas of land in favour of the deceased under an agreement of sale and when she asked them to register the land, this petitioner and two others abused her, beat her with hands and cheated her without registering the sai(land in her favour. Because

\ Crl.Petition No.7868 of 2022 of mental depression that she lost her land, the de facto complainant's mother committed suicide by consuming pesticide. 4.

Learned counsel for the petitioner submits that a complaint was lodged against the police officials for harassing him and demanding bribe of Rs.7,00,000/- and that the police officials are supporting the victim.

5.

Keeping in view that there were several allegations which are made, the petitioner/Accused No.1 cannot be granted the relief of anticipatory bail. However, the petitioner/Accused No.1 if so advised to surrender before the concerned Court by filing an application seeking regular bail and upon such surrender the concerned Court l l shall dispose off the bail application on the very same day or the next day on merits after giving opportunity to the learned public Prosecutor.

6.

Accordingly, the Criminal Petition is disposed off. Miscellaneous a plications, if any, pending shall stand closed. SD/.N.CHANDRA SEKHAR RAO ASSISTANT REGISTRAR GD //TRUE COPY// \ \l SECTION OFFICER To, The ll Additional Judicial First Class Magistrate at Khammam. The Station House Officer, Khanapuram Police Station, Khammam District. One CC to Sri G. Venkat Sri Maithreya, Advocate IOPUCI Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad. [OUT] Two CD Copies o st,.

One Spare Copv

HIGH COURT DATED: 2110912022 i!'.1 2l

ORDER

CRLP.No.7868 of 2022 DISPOSING OF THE CRL.P d D=