Dharavath Rajendar v. The State Of Telangana

HON'BLE SMT. JUSTICE JUVVADI SRIDEVI CRIMINAL PETITION No.12713 of 2024 ORDER :

Petitioner/accused has filed this petition under Section 482 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short 'BNSS') seeking anticipatory bail in Cr.No.118 of 2024 of Akkannapet Police Station, Siddipet District registered for the offence under Section 105 of Bharatiya Nyaya Sanhita, 2023 (for short BNS).

2.

Heard Mr.V.Praveen Kumar, learned counsel for petitioner and Sri M.Ramachandra Reddy, learned Additional Public Prosecutor appearing for the State and perused the record. 3.

The allegation against the petitioner/accused is that without obtaining any LC permission from the electricity department, Assistant Linemen of Ramavaram Substation called the deceased over phone, as the power tripped at Chinthalthanda to repair the same, knowing that if he switch on the ABC hand break there is danger to his life, instead of himself doing the duty he sent the

JS, J Crl.P.No.12713 of 2024 deceased, and in the course of work, he received electric shock and due to burn injuries he died.

4.

Learned counsel for petitioner/accused submits that petitioner is innocent and was falsely implicated in this offence and he did not commit any offence as alleged in the complaint, the deceased used to join in the electrical works on payment of daily wages by attending the complaints in the near locality and in absence of authorized persons, due to his negligence fell down with burnt injuries and died. It is further submitted that the petitioner never requested the deceased to discharge his duty and if at all required after making a note and obtaining necessary permission from higher authorities and along with the authorized persons only the petitioner used to attend the work and hence, prayed to grant bail.

5.

The learned Additional Public Prosecutor, on the other hand, opposed the application stating that serious allegations are leveled against petitioner/accused and hence prayed to dismiss the petition.

JS, J Crl.P.No.12713 of 2024 6.

Having heard both sides and on perusal of material placed on record, it is apparent that prima facie there is no specific evidence except bald allegation that the deceased was called to attend the repair work of electric transformer. In the said circumstances, this Court is inclined to grant bail to the petitioner/accused, subject to the following conditions:

1. The petitioner/accused shall surrender before the Station House Officer of P.S. Akkannnapet, Siddipet District within two weeks from today, and on such surrender, the said Station House Officer shall release him on bail on his executing a personal bond for Rs.20,000/- each with two sureties each for the like sum.

2. The petitioner/accused shall abide by the other conditions stipulated in Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023 and co-operate with the Investigating Officer in investigating the case.

Petition is allowed accordingly.

____________________ JUVVADI SRIDEVI, J Date: 25.10.2024 BV