Arsham Radha And Another v. The State Of Telangana

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION Nos.9044 of 2022 & 9344 of 2022 COMMON ORDER:

Since both the criminal petitions arise out of the same crime, they are being disposed off by this common order. 2.

These Criminal Petitions under Sections 437 and 439 of Code of Criminal Procedure, 1973 (for short "Cr.P.C.") seeking to enlarge the petitioners/accused Nos.1 to 6 on bail in connection with Crime No.475 of 2022 of Subedari Police Station, registered for the offences punishable under Sections 143, 302, 395 read with Section 149 of the Indian Penal Code.

3.

Heard learned counsel for the petitioners/accused Nos.1 to 6 and learned Assistant Public Prosecutor for the respondent-State. Perused the record.

4.

The case against the petitioners is that accused No.1 was having differences with deceased Guguloth Naresh and on several occasions, there were altercations between the deceased and accused No.1. Ultimately, accused No.1 along with accused Nos.2 to 8 went to the house of the deceased and attacked him, the deceased was beaten indiscriminately and his Auto Riksha was also taken away by the

accused after beating him. On account of the injuries received by the deceased with the hands of accused Nos.1 to 8, he died thereafter. 5.

As seen from the Remand Report there are specific allegations leveled against accused No.1 and he was responsible for the altercation. For the said reason, the prayer for grant of bail in respect of accused No.1 is dismissed. However, the prayer of other petitioners/accused Nos.2 to 6 for grant of bail can be considered. In the said circumstances, the petitioners/accused Nos.2 to 6 are granted bail on the following conditions:

i) The petitioners/accused Nos.2 to 6 are directed to be released on bail on their executing personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties for a like sum each, to the satisfaction of the learned I Additional Sessions Judge, Hanumakonda. ii) The petitioners/accused Nos.2 to 4 shall appear before the Station House Officer, Subedari Police Station, on every Monday between 09.00 A.M. and 04.00 P.M, for a period of six weeks and thereafter as and when required. iii) The petitioners/accused Nos.5 and 6 shall appear before the Station House Officer, Subedari, as and when required.

iv) The petitioners/accused Nos.2 to 6 shall comply with the conditions as laid down under Section 437 (3) of Cr.P.C.

6.

Accordingly, the Criminal Petition No.9044 of 2022 is partly allowed and Criminal Petition No.9344 of 2022 is allowed. Miscellaneous applications, if any pending in these criminal petitions, shall stand closed.

_________________ K.SURENDER, J Date : 31.10.2022 svl

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION Nos.9044 of 2022 & 9344 of 2022 Dt.31.10.2022 SVL