Miryala Vijayashankar Reddy v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.8091 OF 2022 ORDER:

This Criminal Petition is filed under Section 438 of the Code of Criminal Procedure, 1973 seeking bail to the petitioners who are arrayed as Accused Nos.1 and 2 in the event of their arrest in Crime No.92 of 2022 on the file of Station House Officer, Atmakur Police Station, Suryapet District registered for the offences punishable under Sections 324, 504 and 506 read with Section 34 of Indian Penal Code.

2.

Heard learned counsel for petitioners/Accused Nos.1 and 2 and learned Assistant Public Prosecutor for respondent-State. Perused the record.

3.

The de facto complainant lodged a written complaint stating that these petitioners/Accused are brothers of her husband. There is a pending dispute regarding the land and on 04.08.2022 there was an altercation and in the said altercation these petitioners allegedly beat the de facto complainant and her husband.

4.

Learned counsel for the petitioners submits that there are disputes regarding the property and in fact there was a settlement on 23.02.2019. However, without adhering to the said commitment which was made on 23.02.2019, the de facto complainant and her husband have trespassed into the land.

5.

Keeping in view that there are disputes amongst brothers and it appears that there was an altercation with respect to the land. In the said circumstances, the petitioners/Accused Nos.1 and 2 can be granted the relief of anticipatory bail.

6.

Accordingly, the Criminal Petition is allowed and the petitioners/Accused Nos.1 and 2 shall be enlarged on bail in the event of their arrest subject to the following conditions: i) The petitioners/Accused Nos.1 and 2 are directed to surrender before the Station House Officer, Atmakur Police Station, Suryapet District within one week from today, and on such surrender, their shall be enlarged on bail on their executing personal bonds for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each with two sureties to the like sum each, to its satisfaction.

ii) The petitioners/Accused Nos.1 and 2 shall appear before the concerned Station House Officer on every Monday between 10.30 AM and 01.00 PM for a period of eight (08) weeks or till filing of charge sheet whoever is earlier.

iii) The petitioners/Accused Nos.1 and 2 shall abide by the other conditions stipulated in Section 438(2) Cr.P.C. Miscellaneous applications, pending if any, shall stand closed. _____________ K.SURENDER, J Date: 15.09.2022 ns