Penthala Venkanna v. The State Sho
Crl.Petition No.8463 of 2022 THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No. 8463 of 2022 ORDER:
This Criminal Petition is filed under Section 438 of the Code of Criminal procedure, 1973 seeking pre-arrest bail to the petitioner who is arrayed as Accused No.1 in the event of his arrest in Crime No.169 of 2022 on the file of Station House Officer, Palakurthy Police Station, Warangal District, registered for the offences punishable under Sections 290, 326 and 506 read with Section 34 of Indian Penal Code. 2.
Heard learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State. Perused the record. 3.
The petitioner's family and the de facto complainant's family are having disputes regarding land. The alleged incident took place on 01.07.2022 and thereafter a panchayath was held in the village before the village elders. However, inspite of the panchayath, the petitioner is still scolding the de facto complainant in filthy language. 4.
As seen from the complaint, the alleged incident occurred on 01.07.2022 but the present complaint was filed on 25.07.2022. The only reason given for the filing the complaint on 25.07.2022 is that there was a panchayath which was held in the presence of elders. Since the
Crl.Petition No.8463 of 2022 altercation being a result of family dispute regarding the land, the petitioner can be granted the relief of anticipatory bail. 5.
Accordingly, the Criminal Petition is allowed and the petitioner/Accused No.1 shall be enlarged on bail in the event of his arrest subject to the following conditions:
i) The petitioner/Accused No.1 is directed to surrender before the Station House Officer, Palakurthy Police Station, Warangal District within ten (10) days from today, and on such surrender, he shall be enlarged on bail on his executing personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties to the like sum each, to its satisfaction.
ii) On such release, the petitioner/Accused No.1 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 until filing of charge sheet whichever is earlier.
iii) The petitioner/Accused No.1 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: 27.09.2022 ns