Nagaraju Baindla v. The State Of Telangana

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No. 10073 of 2023 ORDER:

This Criminal Petition is filed under Section 438 of Cr.P.C. by the petitioners/accused Nos.1,2,3,5,7,8,9,10 and 11 seeking bail in the event of their arrest in connection with Crime No.248 of 2023 on the file of Dubbak Police Station, Siddipet District, registered for the offences punishable under Sections 143, 147, 148, 448, 427 and 436 read with 149 of Indian Penal Code (for short 'IPC').

2.

Heard learned counsel for the petitioners/accused Nos.1,2,3,5,7,8,9,10 and 11 and learned Additional Public Prosecutor for the respondent-State and perused the record.

3.

The mother of accused No.1 was murdered by one Maddela Naveen. The allegations levelled against these petitioners are that petitioners/accused Nos.1, 2, 3, 5, 7, 8, 9, 10 and 11 along with others form into an un-lawful

assembly and went to the house of Maddela Naveen and damaged the house doors, windows, shelves, kitchen articles and other household articles with crowbars and axes and also set fire.

4.

Learned Additional Public Prosecutor would submit that there are photographs of accused Nos.1 to 3 being involved in the said offences. Since the presence of accused Nos.1 to 3 is specifically shown, the petition against accused Nos.1 to 3 deserves to be dismissed. Therefore, relief of anticipatory bail cannot be granted to the accused Nos.1 to 3.

5.

However, keeping in view that there are no specific allegations against petitioners-accused Nos.5 and 7 to 11 is made out, this Court deems it appropriate to grant anticipatory bail to the petitioners/accused Nos.5 and 7 to 11 subject to the following conditions:-

1) The petitioners-accused Nos.5 and 7 to 11 are directed to surrender before the Station House Officer, Dubbaka Police Station, Siddipet District on 14.10.2023. Upon such surrender,

the said Station House Officer shall release the petitioners-accused Nos.5, 7 to 11 on bail, on their executing personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties for a like sum each to his satisfaction.

2) On such release, the petitioners-accused Nos.5, 7 to 11 shall appear before the concerned police on everyday for a period of two weeks.

3) The petitioners-accused Nos.5, 7 to 11 shall abide by the other conditions stipulated in Section 438(2) of Cr.P.C and shall co-operate with the Investigating Officer in investigating the case.

6.

Accordingly, the Criminal Petition is allowed. Miscellaneous applications, if any pending in this criminal petition, shall stand closed.

___________________ K.SURENDER, J Date : 12.10.2023 dsv/ds

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.10073 of 2023 Dt.12.10.2023 dsv/ds