Kolpula Nikhilesh , Nikhil v. The State Of Telangana

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.8933 OF 2022 O R D E R:

This Criminal Petition is filed under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail to the petitioner/accused No.1 in the event of his arrest in connection with Crime No.319 of 2022 of Bhongir Town Police Station, Rachakonda Commissionerate, registered for the offences punishable under Sections 307, 341 read with Section 34 of Indian Penal Code.

2.

Heard learned counsel for the petitioner/accused No.1 and learned Assistant Public Prosecutor for the respondent-State. Perused the record.

3.

The case against the petitioner-accused No.1 is that the petitioner-accused No.1 allegedly attacked the victim with a knife on the day of 'Vinayaka Shoba Yatra'. The altercation ensued during the said Shoba Yatra. Accused No.2 caught hold of the victim and the petitioner-accused No.1 attacked the victim with a knife and caused injury on his left thigh.

4.

Learned counsel for the petitioner/accused No.1 submits that the case may be made out under Section 324 of Indian Penal Code and not Section 307 of Indian Penal Code.

5.

Learned Assistant Public Prosecutor on instructions would submit that there is one laceration injury on the left thigh of the victim/de facto complainant and he was treated and sent home on the same day.

6.

In the said circumstances, the petitioner/accused No.1 can be granted the relief of anticipatory bail subject to following conditions:

1) The petitioner/accused No.1 is directed to surrender before the Station House Officer, Bhongir Town Police Station, Rachakonda Commissionerate, on or before 26.10.2022. On such surrender, the said Station House Officer shall release the petitioner/accused No.1 on bail, on his executing a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties in a like sum each to his satisfaction.

2) On such release, the petitioner/accused No.1 shall report before the said Station House Officer on every day with effect from 26.10.2022 to 01.11.2022 between 10-00 a.m. and 2-00 p.m., and thereafter, as and when required by the Investigating Officer for the purpose of investigation.

3) The petitioner/accused No.1 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.

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

_________________ K.SURENDER, J Date :18.10.2022 svl

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.8933 OF 2022 Dt.18.10.2022 SVL