Patnam Naveem v. The State Of Telangana And Another
THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.8069 of 2019 ORDER:
This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by petitioner/A3, seeking to grant anticipatory bail in Cr.No.252 of 2019 on the file of Bhongir Town Police Station, Rachakonda District, registered for the offences under Sections 307, read with Section IPC.
2.
Heard learned counsel for the petitioner/A3, learned Additional Public Prosecutor representing the respondent-State and perused the record.
3.
The case of the prosecution is that on 08.10.2019, when the de-facto complainant and his friends went to Ramthadaka Chowrastha, Bhongir Town, in view of Ravana Kaastam, all the accused attacked him with an iron rod on his eyebrow and tried to kill him due to previous disputes, and on seeing his other friends, the accused ran away from the scene of offence.
4.
Learned counsel for the petitioner/A3 submits that the petitioner never committed any offence as alleged by the prosecution and that the allegations in the complaint are concocted for the purpose of filing the complaint. He further submits that on the date of offence, the petitioner was on duty as Supervisor in Safe Zone, Hyderabad. He further submits that there was delay in lodging the complaint and that even if the allegations are accepted to be true, the injured was not sent to hospital for treatment. He further
submits that the petitioner is a law abiding citizen and having good reputation in the society and he undertakes to cooperate with the investigation and he shall abide by any condition imposed by the Court.
5.
Learned Additional Public Prosecutor opposed the relief sought in the petition and contended that the petitioner was involved in the crime, which was occurred due to previous act, and hence, he is not entitled for anticipatory bail.
6.
As seen from the contents of the FIR, the petitioner/A3 was involved in commission of the crime along with the other accused by beating the de-facto complainant with an iron rod on his eyebrow. Thus, in view of the nature of allegations leveled against the petitioner/A3 and his involvement in the crime, this Court is not inclined to grant anticipatory bail to him and his prayer for anticipatory bail is refused. However, if the petitioner/A3 surrenders before the trial Court within 15 days from today and files an application for bail, the trial Court shall consider the same in accordance with law on the same day after giving due notice to the Public Prosecutor.
7.
With the above directions, the Criminal Petition is dismissed. 8.
Miscellaneous applications, if any pending in this criminal petition, shall stand dismissed.
_____________ G. SRI DEVI, J 18th December, 2019 sj