Gajupaka Sai , Sainath v. The State Of Telangana

THE HON'BLE SRI JUSTICE M. LAXMAN CRIMINAL PETITION NO.10016 of 2021 ORDER:

This petition is filed under Sections 437 and 439 of Code of Criminal Procedure, 1973, seeking regular bail to the petitioner/accused in connection with Crime No.467 of 2021 on the file of Afzalgunj Police Station, Hyderabad, wherein the petitioner is alleged to have committed the offence punishable under Section 307 IPC.

2.

The case of the prosecution is that the accused is a worker in Bhagawathi Enterprises and he is in the habit of drinking alcohol, and whenever he drunk alcohol, he used to sleep on footpath nearby and there was a prior quarrel between the victim and the accused, on the place of sleep. Since the victim is also used to sleep on footpath, on 17.10.2021, the accused consumed liquor and wanted to sleep on footpath and found the victim was occupying his place, feeling grudge over the prior incident, with an intention to kill him, he took out a paper cutting blade and intended to cut his throat, but the victim woke up and cried for help, then the accused attacked on his right ear and right hand causing injuries. 3.

Learned counsel for the petitioner submits that the petitioner is in judicial custody since 72 days and the victim sustained injuries on right ear and right hand.

4.

The learned Assistant Public Prosecutor opposed the request of the petitioner for grant of bail.

5.

Considering the remand period of the petitioner and the progress of investigation and the injuries suffered by the victim, his request for grant of regular bail can be considered by imposing certain conditions.

6.

In the result, the petition is allowed and the petitioner/accused shall be enlarged on bail on his executing a personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties for a like sum each to the satisfaction of the II Additional Chief Metropolitan Magistrate, Hyderabad. 7.

Consequently, miscellaneous applications pending, if any, shall stand closed.

______________ M. LAXMAN, J 31st December, 2021 sj

THE HON'BLE SRI JUSTICE M. LAXMAN CRIMINAL PETITION NO.10016 of 2021 DATE: 31-12-2021 sj