Bandi Posham @ Pochaiah v. The State Of Telangana

THE HON'BLE Dr. JUSTICE G. RADHA RANI CRIMINAL PETITION No.13186 OF 2024 ORDER:

This criminal petition is filed by the petitioner - Accused No.2 under Section 482 of Bharatiya Nagrik Suraksha Sanhitha, 2023 (for short BNSS) for grant of anticipatory bail in Cr.No.112 of 2023 of Koyyur Police Station, Jayashankar Bhupalapally District registered initially for the offence under Section 174 Cr.P.C. for man missing which was later altered to 304-II read with 34 of Indian Penal Code.

2.

Heard Sri K.Venu Madhav, learned counsel for the petitioner and learned Additional Public Prosecutor for respondent-State.

3.

Learned counsel for the petitioner submitted that the FIR was registered on 17.10.2023 with regard to the missing of a person by name Pittala Rahul on 15.10.2023. Subsequently on 18.10.2023 it was altered to section 304-II of IPC. Subsequently after one year, on 19.10.2024 accused No.1

surrendered himself before the police and stated that while he was working under accused No.2, to protect the paddy field from wild animals, at the instance of the petitioner he got electricity connection to the fencing around the field and he used to connect the power daily night around 8.00 P.M. and disconnect at 4.00 A.M. in the morning and thus Pittala Rahul touched the live electric wire and died. Basing on the confession of accused No.1, the accused No.2 was implicated and prayed for grant of anticipatory bail to the petitioner. 4.

Learned Additional Public Prosecutor opposed grant of anticipatory bail to the petitioner-accused No.2 stating that the cause of death of the deceased was due to electrocution.

5.

Considering the submissions of the learned counsel for the petitioner that the petitioner was working as a VRO and that the fields where the incident took place belong to one P.Saramma, the sister of the petitioner herein and that they do not belong to the petitioner and the petitioner had no

direct role in the incident, it is considered a fit case for grant of anticipatory bail to the petitioner.

6.

In the result, the Criminal Petition is allowed directing the petitioner-accused No.2 to be released on bail in the event of his arrest in the above crime subject to the following conditions:

i) The petitioner - accused No.2 shall execute a personal bond for a sum of Rs.20,000/- (Rupees Twenty thousand only) with two sureties each for a like sum to the satisfaction of the Station House Officer, P.S. Koyyur, Jayashankar Bhupalapally District.

ii) The petitioner - accused No.2 shall abide by the conditions stipulated in Section 482 (2) of Bharatiya Nagarik Suraksha Sanhitha, 2023.

______________________ Dr. G. RADHA RANI, J November 06, 2024 BV

THE HON'BLE Dr. JUSTICE G. RADHA RANI CRIMINAL PETITION No.13186 OF 2024 November 06, 2024 BV