Lingala Gopi v. The State Of Telangana

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.12411 OF 2023 ORDER:

1.

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/A1 in Crime No.168 of 2023 on the file of Noothankal Police Station, Suryapet District, registered for the offences under Sections 143, 147, 148 and 324 r/w.149 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 Noothankal Police is that the petitioner and others formed into unlawful assembly on the evening of 27.08.2023 and attacked brother-in-law of the defacto complainant, who received bleeding injuries. The reason for the assault was on account of dispute with respect to fencing in the land.

4.

Learned Additional Public Prosecutor on instructions would submit that the injuries received by the defacto complainant were grievous in nature, however he was not hospitalized.

5.

Learned Counsel for the petitioner would submit that the petitioner is a farmer and has no criminal antecedents.

In fact it is a group fight and all the other accused in the crime were already released on bail by this Court. Further, the mother of the petitioner is on death bed.

6.

Learned Additional Public Prosecutor would submit that 11 witnesses were examined and all the accused were arrested, however, charge sheet is not yet filed.

7.

Keeping in view the present facts and detention of petitioner since 84 days, this Court is inclined to grant the relief of regular bail to this petitioner/A1, subject to 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 Principal District and Sessions Judge at Suryapet.

ii) The petitioner/A1 after release shall appear before the concerned Station House Officer on every Monday for a period of eight weeks and thereafter, as and when required, for the purpose of investigation.

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

5.

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

__________________ K.SURENDER, J Date : 02.01.2024 tk

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.12411 of 2023 Dt.02.01.2024 tk