Pandey Hareesh Prasad v. The State Of Telangana

HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION NO.8080 OF 2019 ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.), is filed by the petitioners/A-1, A-2 and A-5, for grant of anticipatory bail in Crime No.73 of 2019 of P.S. Basheerabad, Vikarabad District, registered for the offence punishable under Section 324 read with Section 34 of the Indian Penal Code.

Heard the learned counsel for the petitioners/A-1, A-2 and A-5, the learned Additional Public Prosecutor representing the respondent-State and perused the record.

In the FIR, it is inter alia stated that on 13.06.2019, the accused persons picked up a quarrel with the complainant at his cell phone dabba due to previous enmity and beat him with hands, on that he received bleeding injuries on his left eye and lips and his friends rushed and abandoned the quarrel between them. Learned counsel for the petitioners/A-1, A-2 and A-5 would submit that the police registered case against the petitioners/A-1, A-2 and A-5 and some others basing on the complaint filed by L.W.1, Sandeep Sugandhi. It is further submitted that the complainant is not paying monthly rents and when A-1 asked him to pay the rent regularly or to vacate the shop, the complainant out of grudge foisted this false case against the accused persons. The petitioners hail from poor and respectable families and law abiding citizens and do not have any criminal questionable antecedents against them. It is further submitted that A-1 is a heart patient. The petitioners/A-1, A-2 and A-5 are ready to oblige any terms and conditions imposed by

this Court. Hence, he prayed to grant anticipatory bail to the petitioners/A-1, A-2 and A-5.

Learned Additional Public Prosecutor representing the respondent-State opposed to grant anticipatory bail to the petitioners/A-1, A-2 and A-5.

As seen from the contents of the F.I.R., there are specific allegations against the petitioners/A-1, A-2 and A-5 that they beat the complainant with hands and caused him injuries. Having regard to the facts and circumstances of the case, nature and gravity of the offence, this Court is not inclined to grant anticipatory bail to the petitioners/A-1, A-2 and A-5. The Criminal Petition is, accordingly, dismissed. However, if the petitioners/A-1, A-2 and A-5 surrender before the competent Court within a period of fifteen days from today and apply for regular bail, the same shall be considered by the said Court, in accordance with law.

Miscellaneous applications, if any, pending shall stand dismissed.

_________________ (G. SRI DEVI, J) 19th December 2019 RRB