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High Court for State of TelanganaCRLP/10081/2023disposed of no costs

Durgam Srinivas v. The State Of Telanana

2023-10-13K.Surender5 pages

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION Nos.10081 & 10150 OF 2023 COMMON ORDER:

1.

These Criminal Petitions are filed under Section 438 of Cr.P.C. by the petitioners/Accused Nos.8 to 11, 2 to 4 and 7 respectively seeking bail in the event of their arrest in connection with Crime No.193 of 2023 on the file of Kothapalli Police Station, Karimnagar District, registered for the offences under Sections 147, 148, 452, 386, 447, 427, 379, 323 and 506 r/w. 149 of IPC.

2.

Since the petitioners in both the petitions are accused in the very same crime, both of them are heard together and disposed off by way of this common order.

3.

Heard learned counsel for the petitioners and learned Assistant Public Prosecutor for the respondent-State and perused the record.

4.

The disputes are regarding the piece of land for which reason A-1 filed W.P.No.24993 of 2023 before this Court. This Court vide order dated 18.09.20203 directed the Police not to interfere in the civil disputes. This Court found that there are pending civil disputes in respect of the said land. On

26.09.2023, the present FIR was registered on the ground that these petitioners have trespassed into the land and caused mischief in the said land. However, there is an allegation that an amount of Rs.2,00,000/- was demanded from the Chairman Mr.Srinivasa Rao claiming ownership of the land. Presently, there are demanding an amount of Rs.5,00,000/- to avoid interference.

5.

Keeping in view that there are civil disputes and also orders in W.P.No.24993 of 2023, this Court deems it appropriate to grant the relief of anticipatory bail to these petitioners, subject to following conditions:-

1) The petitioners/Accused Nos. 8 to 11, 2 to 4 and 7 are directed to surrender before the Station House Officer, Kothapalli Police Station, Karimnagar District, on or before 20.10.2023.

On such surrender, the said Station House Officer shall release the petitioners on bail, on their executing personal bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two sureties for a like sum each to his satisfaction.

2) On such release, petitioners/Accused Nos. 8 to 11, 3 and 4 and 7 shall appear before the concerned Station House Officer at 10.00 A.M on every Monday for a period of eight weeks, for the purpose of investigation and thereafter, as and when required.

As far as A-2 is concerned, she shall appear as and when required.

3) The petitioners/Accused Nos. 8 to 11, 2 to 4 and 7 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, these Criminal Petitions are allowed.

Miscellaneous applications, if any pending in these criminal petitions, shall stand closed.

__________________ K.SURENDER, J Date : 13.10.2023 dv

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION Nos.10081 & 10150 OF 2023 Dt.13.10.2023 dv