Yarlagadda Suresh v. The State Of Telangana

[ 3251 ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD TUESDAY, THE EIGHTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 89'12 oF 2022 Between:

Yarlagadda Suresh, S/o. Venkateshwara Rao, Aged 43 years Occu: Senior Lecturer in Mechanical Engineering, Government Polytechnic College, Warangal Town, Warangal District.

...PETITIONERYACCUSED AND

1. The State of Telangana, Represented by its Public Prosecutor, High Court at Hyderabad.

2. Kommu Jyothi, W/o. Yarlagadda Suresh, Aged 35 years, Occu: Technical Assistant, Rl/o. Lingampally village, Noothanakal Mandal, Suryapet District. ...RESPONDENTS Petition under Section 438 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to direct the S.H.O, Noothankal Police Station, Suryapet District to enlarge / release the petitioner (Accused) on bail in the event of his arrest in connection with Crime No. 114 oI 2022.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri VENKAT REDDY KODUMURY, Advocate for the petitioner and of the Assistant Public Prosecutor on behalf of the Respondent No. 1 and None appeared for the Respondent No. 2 The Court made the following: ORDER

Crl.Petition No.8912 of 2022 THE HONOURABLE SRI JUSTICE K.SURENDER I CRIMINAL PETITION No.8912 OF 2022 ORDER:

This Criminal Petition is filed under Section 438 of the Code of Criminal Procedure, L973 seeking pre-arrest bail to the petitioner/accused in the event of his arrest in Crime No.114 of 2022 on the file of Station House Officer, Noothankal Police Station, Suryapet District registered for the offences punishable under Section 498-4 of Indian Penal Code and Section 3(2)(va) of SC/ST POA Act.

2.

Heard the learned counsel for the petitioner/Accused and learned Assistant Publlc Prosecutor for the respondent-State. Perused the record.

3.

Since the punishment prescribed for the offences alleged against the petitioner are up to seven years, without going into the merits of the matter, the respondent-Police are directed to carry out the investigation by following the procedure as contemplated under Section 41-A Cr.P.C and the guidelines formulated by the Hon'ble Supreme Court in case of Arnesh Kumar v. State of

\ Crl.Petition No.89fi-of 2022 8r?a/scrupulously. It is needless to say, any deviation in this regard will be viewed seriously.

4.

Accordingly, the Criminal Petition is disposed off. Miscellaneous applications pending, if any, shall stand closed. SD/. B. SATYAVAT DEPUTY REGIS R / //TRUE COPY// SECTION OFFICER To,

1. The Judicial First Class Magistrate, Thungathurthy, Suryapet.

2. The SHO, Noothankal Police Station, Suryapet District.

3. Two CCs to the PUBLIC PROSECUTOR, High Court for the State of Telangana at Hyderabad, Advocate [OUT]

4. One CC to SRI VENKAT REDDY KODUMURY, Advocate, Hyderabad loPUCl

5. Two CD Copies

6. One Spare Copy KKS I {2014) 8 scc 273

HIGH COURT DATED:1 811012022 o,7.";-,fi*X\ l/ ^ ", /i,\ l a) 1) 11 ltt t$t i: i-i'Sl1Al

ORDER

CRLP.No.8912 of 2022 DISPOSSING THE CRLP @