B Venkatamma v. The State Of Telangana

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION Nos.10687 and 10702 of 2023 COMMON ORDER:

Since both the Criminal Petitions are filed under Section 438 of the Code of Criminal Procedure, 1973, by the petitioners seeking to grant anticipatory bail in the event of their arrest in connection with F.I.R No.183 of 2023 dated 22.10.2023 on the file of the Marikal Police Station, Narayanpet District, which was registered for the offences punishable under Sections 307, 324, 332, 341, 353, 342, 143, 148, 506, 120B r/w 34 of Indian Penal Code (for short 'IPC') and Section 4 of Prevention of Damage to Public Property Act, 1984, they are being disposed of by this common order.

2.

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

3.

The facts of the case are that several villagers were conducting hunger strike without permission of the Government since 114 days. Several cases were registered against the participants for their illegal acts. On 21.10.2023, a mob of nearly 200 people stopped the truck of Jurala Organic Farm and Agro

Industries which was established in the area. The said truck was carrying 40,000 liters of inflammable substances. The protestors were opposing the establishment of the company which was producing Ethanol.

4.

Learned counsel for the petitioners submits that initially two Remand Reports filed by the police and the names of the petitioners were not mentioned, however, their names were subsequently mentioned.

5.

The Additional Public Prosecutor on the other hand would submit that the Inspector who had gone there on duty was injured, as such, the case was registered under Section 307 of IPC.

6.

Admittedly, the case is one of that, 200 protestors are agitating against the establishment of the company. Since no specific allegation is stated against these petitioners and they only shared part of the alleged mob, the prayer for anticipatory bail can be considered, subject to the following conditions:

1) The petitioners are directed to surrender before the Station House Officer, PS, Marikal, Narayanpet District on or before 15.11.2023. Upon such surrender, the said Station House Officer shall release the petitioners on bail, on their executing personal bond for a sum of

Rs.10,000/- (Rupees Ten Thousand only) each with one surety for a like sum each to his satisfaction.

2) On such release, the petitioners shall appear before the concerned Police as and when required for the purpose of investigation.

3) The petitioners shall abide by the other conditions stipulated in Section 438(2) of Cr.P.C and shall cooperate with the Investigating Officer in investigating the case.

7.

Accordingly, the Criminal Petitions are allowed.

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

__________________ K.SURENDER, J Date : 02.11.2023 gvl

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION Nos.10687 and 10702 of 2023 Dt.02.11.2023 gvl