K.Mahesh v. The State Of Telangana

[ 3385 ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THURSDAY, THE TWELFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION NO: 13620 OF 2024 Between:

K.Mahesh, S/o K.Nagesh, age.23 years, Occ. Student, R/o H.No.'l 1-63, Kothageri, Dharoor (M) Jogulamba Gadwal

...Petitioner/Accused

AND

1. The State of Telangana, Rep., its Public Prosecutor, High Court of Telangana At Hyderabad.

2. Uppari Urakondu, S/o Narisimulu age.45 years, occ.Bussiness, R/o H.No.277, Buredpally village, Dharoor Mandal, Jogulamba Gadwal. ...RespondenUComplainant Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to enlarge the petitioner/Accused on bail in event of arrest in FlR.NO.173 OF 2024 dated 0211112O24 on the File of the Dharoor Police station. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri G. Rajeshwar Rao, Advocate for the Petitioner and the Sri Syed Yasar Mamoon Additional Public Prosecutor on behalf of the Respondent No.1 and of None appeared for the Respondent No. 2.

The Court made the following: ORDER I

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.1362O of 2o24 ORDER:

This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSSJ for grant of pre-arrest bail to the petitioner, who is arrayed as accused in Crime No. 173 of 2024 of Dharoor Mandal Police Station, Jogulamba Gadwal District.

2.

Heard Sri G. Rajeshwar Rao, learned counsel appearing on behalf of the petitioner as well as Sri Syed Yasar Mamoon, learned Additional Public Prosecutor appearing on behalf of , I I I the respondent.

3.

Without going into the merits of the case, since the punishment prescribed for the offences alleged against the petitioner is less than seven (07) years and considering the petitioner is a student, this Court deems it appropriate to direct the petitioner to appear before the Investigating Officer on or before 26.L2.2O24 between 11:OO a.m. and 05:00 p.m. and in turn, the Investigating Officer is directed to follow the procedure laid down under Section 35 (3) of BNSS (previously

Section 41-A of Cr.P.C.) and also the guidelines formulated by the Hon'ble Supreme Court in Arnesh Kumar v. State of Blhart scrupulously. However, the petitioner shall submit his defense and co-operate with the Investigating Officer as and when required by furnishing information and produce all relevant documents/ material required for the purpose of the investigation and the Investigating Officer shall consider the same before hling appropriate report before the learned Magistrate concerned.

4.

Accordingly, the Criminal Petition is disposed of. Miscellaneous applications, if any pending, shall aiso stand closed.

Sd/- MOHD. ISMAIL ASSISTANT REGIST //TRUE COPY// SE N OFFICER To,

1. The I Additional Judicial First Class Magistrate at Gadwal.

2. The Station House Officer, Dharoor (M) Police Station, Jogulamba Gadwal District.

Two CCs to Public Prosecutor, High Court for the State of Telangana at Hyderabad (OUT) One CC to Sri G. Rajeshwar Rao, Advocate IOPUCI Two CD Copies 4.

5.

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HIGH COURT DATED:1211212024 E STA T 1 rl ( q oo 05 t[B

ORDER

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CRLP.No.13620 of 2024 AT * c.

OE f, CRIMINAL PETITION IS DISPOSED OF