Sri Krishna Surya Prakash v. The State Of Telangana

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.10401 of 2023 ORDER:

1.

This Criminal Petition is filed under Sections 437 and 439 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking regular bail to the petitioners/Accused Nos.1 to in Crime.No.612 of 2023 on the file of Punjagutta Police Station, Hyderabad, registered for the offence under Section 302 r/w. 34 of IPC.

2.

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

3.

The case of the petitioners is that they are the employees of Meridian Hotel. The alleged incident happened on 12.09.2023. When the de-facto complainant and his friends visited the Hotel and ordered for Biryani and at the same time, when they asked for extra curd, it is alleged that the attenders have behaved in a rude manner. An altercation ensued, in which both, customers and these petitioners have fought among themselves. Thereafter, the complainant went to the Police Station where the deceased felt uneasy and he was shifted to Deccan Hospital for treatment where he was declared dead.

4.

As seen from the incident, there was fight amongst the customers and hotel employees. It cannot be said that any of the petitioners have any intention to cause the death of the deceased. 5.

Learned Additional Public Prosecutor opposed the grant of bail on the ground that beating of these petitioners resulting in death of the deceased, it cannot be said at this juncture that they do not have any intention to commit murder.

6.

However, keeping in view the discussion above, the relief of regular bail can be granted to the petitioners, subject to following conditions:- i) The petitioners/Accused Nos.1 to 5 shall execute personal bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties, for a like sum each to the satisfaction of XIV Additional Chief Metropolitan Magistrate, Hyderabad.

ii) The petitioners/Accused Nos.1 to 5 after release shall appear before the concerned Station House Officer, on every Monday at 10:00 a.m., for a period of eight weeks for the purpose of investigation and thereafter, as and when required.

iii) The petitioners/Accused Nos.1 to 5 shall abide by the other conditions stipulated under Section 437(3) of Cr.P.C.

Accordingly, this Criminal Petition is allowed.

Miscellaneous applications, if any pending in this criminal petition, shall stand closed.

__________________ K.SURENDER, J Date : 18.10.2023 dv

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.10401 of 2023 Dt.18.10.2023 dv