Palthya Suman v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.9375 OF 2022 ORDER:

This Criminal Petition is filed under Sections 437 and 439 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking regular bail to the petitioner/Accused, in Crime No.114 of 2022 on the file of Chowdarigudem, Cyberabad, registered for the offences punishable under Sections 302 and 504 of the Indian Penal Code.

2.

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

3.

The case of the prosecution is that the petitioner is related to the deceased. There were differences regarding land. There was a quarrel which ensued between the deceased and Accused No.2 for which reason the petitioner/Accused No.1 beat his uncle (deceased) with an iron rod on his head and thereafter the deceased was admitted in the Government Hospital, Shadnagar, and on the same day night he was discharged from the hospital, however,

on the next day, he did not respond, and the family members found him dead.

4.

A case was registered for the offences under Section 324 and 504 r/w.34 of the Indian Penal Code and after the death of the deceased, the section of law was altered to Section 302. 5.

As seen from the allegations made in the Remand Report there was a fight between the family members regarding the property. Though the petitioner has beaten the deceased on his head, it is consequent to a fight that ensued between his mother and his uncle.

6.

For the said reason of the petitioner being in jail since 23.09.2022, this petitioner can be granted the relief of regular bail subject to the following conditions:

i) The petitioner/A1 shall execute 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 Prl.Judicial First Class Magistrate, Shadnagar.

ii) The petitioner/A1, after release, shall appear before the concerned Station House Officer every Monday between 10.30 AM and 01.00 PM., for a period of eight weeks, for the purpose of investigation.

iii) The petitioner/A1 shall abide by the other conditions stipulated in Section 437(3) of Cr.P.C. 7.

Accordingly, the criminal petition is allowed. Miscellaneous applications, pending if any, shall stand closed.

_________________ K.SURENDER, J Date: 02.11.2022 tk

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO. 9375 OF 2022 Dt.02.11.2022 tk