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High Court for State of TelanganaCRLP/11463/2023disposed of no costs

Rahul Sonker v. The State Of Telangana,

2023-11-22K.Surender4 pages

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.11463 OF 2023 ORDER:

1.

This Criminal Petition is filed under Section 438 of Cr.P.C. by the petitioners/Accused Nos.1 and 2 seeking bail in the event of their arrest in connection with Crime No.707 of 2023 on the file of Alwal Police Station, Cyberabad, registered for the offences under Sections 307, 324 and 323 r/w.34 of IPC.

2.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the respondent-State and perused the record.

3.

The case of the de-facto complainant is that victim and others went to the residence of these petitioners for the purpose of purchasing beer. There was an altercation and the 1st petitioner attacked the victim and others. The allegation against the 2nd petitioner/mother is that she abetted A-1. 4.

The said attack resulted in grievous injuries to the victim. 5.

In the said circumstances, this Court is not inclined to grant anticipatory bail to A-1. He is directed to surrender before the Court below. Upon such surrender and on filing an

application seeking bail, the Court below shall dispose of the same within two working days after giving an opportunity to Additional Public Prosecutor.

6.

Insofar as 2nd petitioner is concerned, the only allegation against her is that she is the mother of A-1 and instigated A-1 to attack victim and others.

7.

Considering that there are no overt acts causing any injuries and she being a woman, this Court deems it appropriate to grant the relief of anticipatory bail, subject to following conditions:-

1) The petitioner No.2/Accused No.2 is directed to surrender before the Station House Officer, Alwal Police Station, Cyberabad, on or before 30.11.2023. Upon such surrender, the said Station House Officer shall release the petitioner/Accused No.2 on bail, on her executing personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties for a like sum each to his satisfaction.

2) On such release, the petitioner No.2/Accused No.2 shall appear before the concerned Police at 10:00 a.m. on every Monday for a period of two weeks for the purpose of investigation and thereafter, as and when required.

3) The petitioner No.2/accused No.2 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.

8.

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

__________________ K.SURENDER, J Date : 22.11.2023 dv

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No. 11463 of 2023 Dt.22.11.2023 dv