Kancharla Surya Prakash v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.8339 OF 2022 ORDER:

This Criminal Petition is filed under Section 438 of the Code of Criminal Procedure, 1973 seeking pre-arrest bail to the petitioners in the event of their arrest in Crime No.548 of 2022 on the file of Station House Officer, Patancheru Police Station, Sangareddy District registered for the offences punishable under Sections 448, 435 and 120b read with Section 34 of Indian Penal Code and Sections 3 and 4 of PDPP Act.

2.

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

3.

The Petitioners are apprehending arrest in a crime registered for burning seats in an RTC bus. The de facto Complainant who is driver of the bus lodged a complaint on 24.08.2022 that on early hours around 1:40 AM he found three persons escaping from the place where the seats of the bus were burned.

4.

Learned counsel for the petitioners submits that for the reason of seats being burnt in the bus, the police are visiting the houses of these petitioners suspecting them to be the said three persons who committed the said offence of burning those seats. 5.

As seen from the complaint there is no mention in the complaint that the driver/de facto complainant could identify any of the three persons who left from the said premises and admittedly those three persons were strangers.

6.

In the said circumstances, these petitioners can be granted the relief of anticipatory bail.

7.

Accordingly, the Criminal Petition is allowed and the petitioners are granted anticipatory bail subject to the following terms and conditions:

i) The petitioners are directed to surrender before the Station House Officer, Patancheru Police Station, Sangareddy District within one week from today, and on such surrender, they shall be enlarged on bail on their executing personal bonds for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties to the like sum each, to its satisfaction.

ii) The petitioners shall appear before the concerned Station House Officer every day at 10.30 AM for a period of fifteen (15) days and thereafter as and when required.

iii) The petitioners shall abide by the other conditions stipulated in Section 438(2) Cr.P.C.

Miscellaneous applications, if any, pending shall stand closed. _____________ K.SURENDER, J Date: 26.09.2022 ns