Mallugari Vishnu Vardhan Vishnu Vardhan v. State Of Telangana

HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION No.298 of 2022 O R D E R:

This Criminal Petition under Section 438 Cr.P.C. is filed by petitioner - Accused seeking bail in the event of his arrest in connection with Crime No.370 of 2021 on the file of Ameenpur Police Station, Sangareddy District, registered for the offence punishable under Section 307 IPC.

2.

The case of prosecution is that on 13.11.2021 at about 7.30 hours, when the de-facto complainant went to the house of his sister to give rice bag, his sister informed him that her husband i.e., accused, was harassing her by demanding to construct a house for him and he did not want any rice, and on the same day at about 19.00 hours, when the de-facto complainant and his parents went to the house of his sister for asking about the harassment, the accused stabbed the de-facto complainant with a knife on his left side chest and back side with an intention to kill him and when his father tried to rescue him, accused also stabbed his father with the knife resulting simple injuries to him.

3.

Learned counsel for petitioner Sri E. Ramesh Chandra Goud, submits that in view of the strained relationship between the petitioner and his wife, a false case has been foisted against the petitioner. Learned counsel submits that the injuries sustained by the de-facto complainant are simple in nature and the allegations in the complaint clearly reveals that there are disputes between the petitioner and his wife and to settle those disputes, the present case is foisted against the petitioner. Learned counsel submits that absolutely there is no intention to kill the de-facto complainant and the petitioner has been implicated in this case falsely and hence, his case may be considered for grant of pre-arrest bail.

4.

On the other hand, learned Assistant Public Prosecutor submits that 5 witnesses were examined and the investigation is pending and in view of the allegations in the complaint, the petitioner is not entitled for pre-arrest bail.

5.

Taking into consideration the strained relationship between the petitioner/accused and his wife and the injuries sustained the de-facto complainant are simple in nature, this Court deems it appropriate to grant pre-arrest bail to petitioner/accused.

6.

The Criminal Petition is allowed. Petitioner - Accused shall surrender before the Station House Officer, Ameenpur Police Station, Sangareddy District, in connection with Crime No.370 of 2021 within one week from today and on such surrender and executing a personal bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of the said Station House Officer, he shall be released on bail. It is made clear that no further extension of time will be granted.

________________________ LALITHA KANNEGANTI, J 20th January, 2022 sj

HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION No.298 of 2022 Date:20.01.2022 sj