Gajji Yakaiah v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NOS.11637 & 11696 OF 2023 COMMON ORDER:

1.

These Criminal Petitions are filed under Sections 438 and 437 & 439 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking anticipatory bail to petitioner/A-1 and regular bail to the petitioners/Accused Nos.3, 5 to 8 & 12 to 17 respectively in Crime.No.196 of 2023 on the file of Maddirala Police Station, Suryapet District, registered for the offences under Sections 143, 147, 148, 447, 427, 452, 384, 324, 354, 307, 120b, 504 and 506 r/w. 149 of IPC. 2.

Since the petitioners in both the petitions are accused Nos. 1, 3, 5 to 8 & 12 to 17 respectively in the very same crime, both the petitions are heard together and disposed off by this common order.

3.

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

4.

The case against the petitioner/A-1 is that A-1 took others i.e., petitioners/accused in Crl.P.No.11696 of 2023 to

the residence of the de-facto complainant who is a practicing Advocate and ransacked his house and damaged the vehicles.

5.

Learned counsel appearing for the de-facto complainant would submit that A-1 is involved in 14 other cases and is a rowdy sheeter.

6.

Having gone through the record, there are no other cases pending against the petitioners/accused in Crl.P.No.11696 of 2023 except A-3.

7.

Keeping in view that the alleged attack on the de-facto complainant is at the instance of A-1, the relief of anticipatory bail cannot be granted to A-1.

8.

Since there are no allegations against the petitioner Nos.2 to 11/A-5 to A-8 and A-12 to A-17, this Court deems it appropriate to grant the relief of regular bail, subject to following conditions:- i) The petitioners/Accused Nos. 5 to 8 and 12 to 17, shall execute personal bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two sureties, for a

like sum each to the satisfaction of Judicial First Class Magistrate, Thungathurthy.

ii) The petitioner/Accused Nos. 5 to 8 and 12 to 17 after release shall appear before the concerned Station House Officer everyday at 10:00 a.m. for a period of four weeks and thereafter, as and when required for the purpose of investigation.

iii) The petitioners/Accused Nos. 5 to 8 and 12 to 17 shall abide by the other conditions stipulated under Section 437(3) of Cr.P.C.

9.

As far as A-3 is concerned, the relief of regular bail cannot be considered at this stage, as there are two other cases pending against him including an offence under Section 302 of IPC. Accordingly, the prayer for regular bail as against A-3 is dismissed.

10.

Accordingly, Crl.P.No.11637 of 2023 is dismissed and Crl.P.No.11696 of 2023 is partly allowed. Miscellaneous applications, pending if any, shall stand closed. _________________ K.SURENDER, J Date: 29.11.2023 dv

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NOs. 11637 & 11696 OF 2023 Dt.29.11.2023 dv