Godampally Sidarth @ Chintu v. The State Of Telangana
THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.13041 of 2024 ORDER:
Seeking the Court to enlarge the petitioner who is arrayed as accused No.2 in Crime No.22 of 2023 of Narsingi Police Station for the offences punishable under Sections 302, 307, 379 r/w 34 of IPC and Section 25(1B)(b) of Arms Act, on bail, the present Criminal Petition is filed. 2.
The brief facts of the case are that accused No.1 stabbed on the chest of the Kishore Kumar Reddy (deceased) with a knife multiple times and caused injuries to his various body parts, in the meanwhile, LW.3-Shivaraj caught A1 from behind, on which A2 caught hold LW-3 from back, and in the said scuffling, A1 stabbed the deceased on which he fell down in pool of blood. Immediately, LW.3 informed to LW.4 and police. On receipt of information, LW.4 along with others rushed to scene of offence and shifted the injured to Renova Hospital, Langer House and the Doctors declared that he was brought dead, and the injured-LW.3 was sent to Area Hospital, Golconda for treatment. After commission of
the offence, A1 and A2 fled away from the scene of offence. Hence, the present criminal petition.
3.
Heard Sri Dunna Ambedkar, learned counsel appearing on behalf of the petitioner as well as Sri Syed Yasar Manoon, learned Additional Public Prosecutor appearing on behalf of the respondent.
4.
Learned counsel for the petitioner submitted that the petitioner is in jail since 640 days and there is no possibility of conducting the trial in the near future and now, if the schedule is fixed, as such, in view of the judgment of Hon'ble Supreme Court in 'Jabed Ghulam Nabi Shaikh Vs. State of Maharashtra' 2024 INSC 645, held that the fundamental right of the petitioner cannot be curtailed only because of pendency of other cases. Therefore, he prayed the Court to grant bail to the petitioner by allowing this criminal petition.
5.
On the other hand, learned Additional Public Prosecutor opposed the bail on the ground that the petitioner involved in five other crimes pertaining to the same Police Station of the year 2020 and there are serious
allegations alleged against this petitioner, as such, requested the Court to dismiss the criminal petition. 6.
After considering submissions made by both the learned counsel and reviewing the material available on record, though there are serious allegations against the accused, it appears that the petitioner is in jail since 640 days. In the said circumstances, this Court deems it fit to grant bail to the petitioner subject to the following conditions.
i.
The petitioner shall execute a 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 the learned IX Additional Metropolitan Sessions Judge, Ranga Reddy District, L.B.Nagar.
ii.
The petitioner shall appear before the concerned SHO at 11:00 a.m., on every Monday for a period of eight (8) weeks, for the purpose of investigation, and thereafter, as and when required.
iii.
The petitioner shall abide by the conditions stipulated in Section 437(3) of Cr.P.C.
7.
Accordingly, the Criminal petition is allowed. Miscellaneous applications, if any pending, shall stand closed.
_______________ K. SUJANA, J Date: 14.11.2024 PLV
THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.13041 of 2024 Date: 14.11.2024 PLV