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High Court for State of TelanganaCRLP/10326/2022allowed no costs

Devara Achyut v. The State Of Telangana

2022-11-28Chillakur Sumalatha5 pages

HON'BLE Dr. JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION No.10326 of 2022 ORDER:

Heard Sri Bharadwaj, learned counsel who argued on behalf of Sri K.Siddharth Reddy, learned counsel on record for the petitioner, as well as learned Additional Public Prosecutor who is representing the respondent. 2.

Seeking the Court to enlarge the petitioner, who is arrayed as accused in Crime No.839 of 2022 of Ghatkesar Police Station, Rachakonda Commissionerate, on bail, the present Criminal Petition is filed.

3.

Learned counsel for the petitioner states that the petitioner is innocent and he has not committed any offence whatsoever. Learned counsel further submits that the petitioner is in judicial custody since 31 days and as the entire investigation is completed, he may be enlarged on bail. 4.

On the other hand, the submission of the learned Additional Public Prosecutor is that the petitioner made a proposal of love to the victim girl and followed her and when she finally refused, the petitioner attacked her with a knife and caused injury. Learned Additional Public Prosecutor,

however, states that 20 material witnesses were examined till now.

5.

Thus, by the submission of the learned Additional Public Prosecutor, it is clear that material part of investigation is completed.

6.

As per the medical certificate produced, the victim girl sustained one incise laceration and a small incision. 7.

Having gone through the entire material that is brought on record, the period of judicial custody of the petitioner and the stage of investigation, this Court is of the view that the request of the petitioner for grant of bail can be honoured, however conditionally.

8.

Resultantly, this Criminal Petition is allowed with the following conditions:- (i) The petitioner/accused shall be enlarged on bail on his executing a personal bond for Rs.30,000/- (Rupees Thirty thousand only) with two sureties for the like sum each to the satisfaction of the Court concerned. The sureties are directed to submit their two latest passport size photographs at the time of furnishing solvency. One such photograph is ordered to be pasted in the Surety Register against the name

of the surety. The other photograph shall be kept in the case record concerned.

(ii) In case, the petitioner/accused holds a passport, he is directed to surrender the same, if it is not seized by now.

(iii) The petitioner/accused should not involve in any unlawful activity.

(iv) The petitioner/accused should afford all assistance for proper investigation of the case. (v) The petitioner/accused should not cause the evidence of the offence disappear.

(vi) The petitioner/accused should not tamper with the evidence in any manner.

(vii) The petitioner/accused should not by way of inducement, threat or promise, dissuade any person who is acquainted with the facts of the case, from disclosing such facts to the Court or to the Police Officer.

(viii) The petitioner/accused should ensure his presence whenever required by the Court or Police.

(ix) The petitioner/accused shall not leave India without previous permission of the court concerned.

(x) The petitioner/accused shall report before the Station House Officer, Ghatkesar Police Station, Rachakonda Commissionerate, on every Monday between 10.30 a.m. and 12.00 p.m. till filing of the final report.

(xi) The petitioner/accused No.1 shall file an affidavit before the court concerned disclosing the following particulars:-

(1) Contact number

(2) Mail address

(3) Residential particulars.

In case, there is any change in the aforementioned details, the petitioner shall intimate the court concerned by giving a fresh affidavit duly mentioning the change. He shall continue to do so till filing of the final report.

Any deviation of the above conditions would entitle the respondent to take appropriate steps for cancellation of the bail granted.

9.

As a sequel, miscellaneous petitions pending, if any, shall stand closed ________________________________________ Dr. JUSTICE CHILLAKUR SUMALATHA 28.11.2022 DR