Mohammed Abdul Rahman v. The State Of Telangana

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.10819 of 2023 ORDER:

1.

This Criminal Petition is filed under Sections 437 and 439 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking regular bail to the petitioners/Accused Nos.8 and 9 in Crime.No.187 of 2023 on the file of I.S.Sadan Police Station, Hyderabad, registered for the offences under Sections 348, 324 and 506 r/w. 34 of IPC.

2.

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

3.

The case of the prosecution is that the deceased was kidnapped and wrongfully confined by A-1 to A-7. The reason for abducting him was taking amount from these petitioners, which was towards sale consideration of property of A-2's sister. Since the money was taken from these petitioners and not paid to A-2, A-2 along with others abducted the deceased and was beaten. According to the remand report, after abducting the deceased, these petitioners went there and beat the deceased with hands.

4.

Learned counsel for the petitioners submits that the death of the deceased is not a consequence of alleged beating by these petitioners. Even according to the prosecution, the petitioners have handed over the amount to the deceased which inturn was not handed over to A-2.

5.

However, keeping in view that most of witnesses have been examined and the death of the deceased is not a direct consequence of acts of these petitioners, the relief of regular bail can be granted, subject to following conditions:- i) The petitioners/Accused Nos.8 and 9 shall execute personal bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties, for a like sum each to the satisfaction of VII Additional Chief Metropolitan Magistrate, Hyderabad.

ii) The petitioners/Accused Nos.8 and 9 after release shall appear before the concerned Station House Officer, on every Monday at 10:00 a.m., for a period of eight weeks for the purpose of investigation and thereafter, as and when required.

iii) The petitioners/Accused Nos.8 and 9 shall abide by the other conditions stipulated under Section 437(3) of Cr.P.C.

6.

Accordingly, this Criminal Petition is 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.10819 of 2023 Dt.07.11.2023 dv