Anand Swamy , Anand Kumar v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.9651 OF 2022 O R D E R:

This Criminal Petition is filed under Section 438 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") seeking pre-arrest bail to the petitioner, who is arrayed as Accused No.10, in the event of his arrest in connection with Crime No.649 of 2022 of Medipally Police Station, Rachakonda Commissionerate, registered for the offences punishable under Sections 302, 201, 109, 120-B read with Section 34 of the Indian Penal Code.

2.

Heard learned counsel for the petitioner/Accused No.10 and learned Additional Public Prosecutor for the respondent-State. Perused the record.

3.

According to the investigation done by Medipally Police Station in the present crime, it is mentioned that Accused No.4 planned to kill the deceased and accordingly hired Accused No.1 and others. The deceased is none other than the brotherin-law of Accused No.1 and husband of Accused No.3. On 21.06.2022, the deceased was called and he was taken in

Indica Car at Mallapur Industrial Area. According to the Remand Report, an amount of Rs.10,000/- was given to this petitioner/Accused No.10, who is the driver of the Car. On the said date, the petitioner was waiting at Attapur along with Accused Nos.4 to 6 and 9. The said four persons Accused Nos.4 to 6 and 9 took the Car leaving this petitioner/Accused No.10 at Attapur and they have taken the deceased in the Car. Thereafter, the deceased was strangulated in Medipally Industrial Area. Even according to the Remand Report, the petitioner/Accused No.10 was not present in the Car when the alleged incident of strangulating the deceased in the Car had taken place. For the said reason, the petitioner/Accused No.10 can be granted the relief of anticipatory bail. 4.

Accordingly, the Criminal Petition is allowed and the petitioner/Accused No.10 is granted anticipatory bail subject to the following conditions:

i) The petitioner/Accused No.10 is directed to surrender before the Station House Officer, Medipally Police Station, Rachakonda Commissionerate, within ten (10) days from today, and on such surrender, he shall be enlarged on bail on his executing personal bond for a sum of Rs.20,000/- (Rupees Twenty Thousand Only) with

two sureties to the like sum each, to its satisfaction. On failure to surrender within ten (10) days, the order shall stands cancelled.

ii) The petitioner/Accused No.10 shall appear before the concerned Station House Officer on everyday between 10.30 AM and 01.00 PM for a period of four

(4) weeks and thereafter as and when required for the purpose of investigation.

iii) The petitioner/Accused No.10 shall abide by the other conditions stipulated in Section 438(2) Cr.P.C. Pending miscellaneous applications, if any, shall stand closed.

__________________ K.SURENDER,J Date: 09.11.2022 svl/rev

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.9651 OF 2022 Dt. 09.11.2022 svl/rev