Edigara Dinesh v. The State Of Telangana

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No. 10431 of 2023 ORDER:

This Criminal Petition is filed under Section 438 of Cr.P.C. by the petitioner/Accused No.3 seeking bail in the event of his arrest in connection with Crime No.632 of of Jubilee Hills Police Station, Hyderabad, registered for the offences punishable under Sections 147, 148, 307 read with 149 of Indian Penal Code (for short 'IPC').

2.

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

3.

constable of Jubilee Hills Police Station, Hyderabad viewed a video, wherein the person, namely Chandu was attacked by one person Bhaskar and his friends. Accordingly, he filed a complaint to take action against the persons who assaulted the said Chandu.

The case of prosecution is that this petitioner and other accused persons assaulted the said Chandu.

4.

Petitioner approached this Court apprehending arrest for the reason that the police are suspecting him as the person who was present when the said Chandu/victim was assaulted.

5.

On instructions, learned Public Prosecutor would submit that the said Chandu was not available to the police as on date to record his statement. However, the said incident was spoken by LWs.2 and 3 in the present case.

6.

Keeping in view of the above circumstances of the case that the injured was not examined by the police, this Court deems it appropriate to grant relief of anticipatory bail subject to the following conditions:-

1) The petitioner/Accused No.3 is directed to surrender before the Station House Officer, Jubilee Hills Police Station, Hyderabad on 31.10.2023. Upon such surrender, the said

Station House Officer shall release the petitioner/Accused No.3 on bail, on his executing a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties for a like sum each to his satisfaction.

2) On such release, the petitioner/Accused No.3 shall appear before the concerned police at 10.00 AM on every Monday for a period of four weeks and thereafter, as and when required for the purpose of investigation.

3) The petitioner/Accused No.3 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. 5.

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

___________________ K.SURENDER, J Date : 20.10.2023 dsv/ds