Vittoli Laxman Rao v. The State Of Telangana

HON'BLE Dr.JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION No.10991 of 2022 ORDER:

1.

Heard Sri C.Ruthwik Reddy, learned counsel for the petitioner as well as the learned Additional Public Prosecutor who is representing the respondent. 2.

Seeking pre-arrest bail, this Criminal Petition is filed on behalf of the petitioner, who is arrayed as Accused in Crime No.104 of 2022 of Lokeshwaram Police Station, Nirmal District.

3.

Making his submission, learned counsel for the petitioner contends that there was no intention on part of the petitioner to inflict injury over the injured. Learned counsel also states that the injured sustained only one simple injury and the entire investigation is also completed and therefore, pre-arrest bail may be granted. 4.

On the other hand, the learned Additional Public Prosecutor states that the injured sustained one grievous injury.

5.

The case of the prosecution as could be perceived through the material available on record is that the husband of the de facto complainant lent an amount of Rs.2,00,000/- to the petitioner herein and was demanding the petitioner to repay the same. The petitioner was of the view that the husband of the de facto complainant demanded him to pay one month extra interest amount and was causing troubles, he intended to take revenge and therefore, he beat the husband of the de facto complainant with an empty liquor bottle on Head, due to which he sustained injury.

6.

The submission of the learned counsel for the petitioner is that the injured was already discharged from Hospital and entire investigation is completed. 7.

Learned Additional Public Prosecutor states that the material part of investigation is completed.

8.

Thus, taking into consideration the submissions made thus, this Court is of the view that the request of the petitioner can be honoured, however, conditionally.

9.

In the result, the Criminal Petition is allowed with the following conditions:

(i) The petitioner/Accused is directed to surrender before the concerned Court within ten (10) days. On such surrender, he shall be enlarged on bail on his executing a personal bond for Rs.75,000/- (Rupees Seventy Five Thousand only) with two sureties for 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) The petitioner/Accused shall report before the Station House Officer, Lokeshwaram Police Station, Nirmal District, on every Monday and Thursday between 10.30 a.m. and 12:00 p.m. till filing of final report.

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

(iv) The petitioner/Accused should afford all assistance for the 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) In case the petitioner/Accused holds a passport, he shall surrender the same.

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

(x) The petitioner/Accused shall not leave India without previous permission of the Court concerned.

(xi) The petitioner/Accused 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 of 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 pre-arrest bail granted.

________________________________________ Dr. JUSTICE CHILLAKUR SUMALATHA Date:20.12.2022 ysk

HON'BLE Dr. JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION No.10991 of 2022 Date:20.12.2022 ysk

CIVIL REVISION PETITION No.3578 of 2018 27.12.2021

DA