Harish Erukula v. The State Of Telangana

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No. 10766 OF 2023 ORDER:

This Criminal Petition is filed under Section 438 of Cr.P.C. by the petitioners/Accused Nos.7 and 8 seeking bail in the event of their arrest in connection with Crime.No.205 of 2023 on the file of Dandepalli Police Station, Dandepalli, Ramangundam District, registered for the offences under Sections 448, 324, 307, 147, 148 and 506 r/w. 149 of IPC. 2.

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

3.

A complaint was filed on 24.10.2023 by the de-facto complainant alleging that these petitioners along with 9 others illegally trespassed into his house along with iron rods and sticks and attacked him with an intention to kill him. When his family members tried to rescue him, these petitioners along with other accused beat them and caused grievous injuries.

4.

Learned counsel for the petitioners submits that the petitioners are falsely implicated in the present case and no

specific overtacts are attributed to these petitioners. He further submits that the 2nd petitioner is a public servant. 5.

Learned Assistant Public Prosecutor on instructions would submit that two other cases are pending against 1st petitioner/A-7.

6.

The prayer for anticipatory bail as far as A-7 is concerned is dismissed granting liberty to move the trial Court seeking bail and surrender before the trial Court. In the event of such surrender, the application being filed seeking bail shall be disposed off within two working days. Insofar as A-8 is concerned, he is public servant and since no specific allegations are leveled against him in the complaint, the prayer for anticipatory bail can be considered, subject to the following conditions:-

1) The petitioner/Accused No.8 is directed to surrender before the Station House Officer, Dandepalli Police Station, Dandepalli, Ramagundam District on or before 14.11.2023.

Upon such surrender, the said Station House Officer shall release the petitioner/Accused No.8 on bail, on his executing 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.8 shall appear before the concerned Police at 10:00 a.m. on every Monday for a period of eight weeks for the purpose of investigation and thereafter, as and when required.

3) The petitioner/Accused No.8 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.

7.

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

__________________ K.SURENDER, J Date : 07.11.2023 dv

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No. 10766 of 2023 Dt.07.11.2023 dv