Katarapu Satish Kumar v. The State Of Telangana
THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.15991 of 2024 ORDER:
Seeking the Court to enlarge the petitioner who is arrayed as accused in S.C.No.54 of 2024 on the file of Principal District and Sessions Judge at Narayanpet, Narayanpet District, the present Criminal Petition is filed. 2.
The brief facts of the case are that on 01.05.2023, while the injured was crossing the Hyderabad Raichur road at Makthal Town, the driver of the lorry bearing No.AP 07 TJ 1233, drove the vehicle in a rash and negligent manner and dashed the victim. As a result, the injured sustained bleeding injuries. Hence, a case was registered vide Crime No.89 of 2023 before the Makthal Police, Narayanpet District and after completion of the investigation, a charge sheet was filed vide S.C.No.54 of 2024 on the file of Principal District and Sessions Judge at Naryanpet, for the offences punishable under Section 304-II of the IPC 3.
Heard Sri Dunna Ambedkar, learned counsel appearing on behalf of the petitioner as well as Sri Syed Yasar Manoon, learned Additional Public Prosecutor appearing on behalf of the respondent-State.
4.
Learned counsel for the petitioner firstly submitted that the petitioner is no way concerned with the alleged offences. He secondly submitted that though the petitioner was attending the trial Court regularly, Non-Bailable Warrants were issued against the petitioner as he was absent on 09.12.2024. He thirdly submitted that the petitioner appeared before the trial Court with little late and that absence on 09.12.2024 is neither wanton nor willful but only due to the inevitable delay occurred due to the long distance from the native place of the petitioner to the trial Court. He fourthly submitted that the petitioner has been in judicial custody since 30.12.2024, causing undue hardship to his family and that the allegations are false and fabricated.
He fifthly submitted that the petitioner is resident of Jaggaipeta Village, Chillakallu Mandal, Krishna District, Andhra Pradesh, with movable and immovable properties, and is willing to furnish sureties as directed. He lastly submitted that previously, bail application of the petitioner, vide Crl.M.P.No.151 of 2023, was dismissed by the Principal District and Sessions Judge at Narayanpet, on 19.05.2024, without valid reasons and prayed the Court to grant bail to the petitioner by allowing this criminal petition.
5.
On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the
petitioner stating that the petitioner is not cooperating with the trial proceedings, therefore, granting bail to the petitioner, at this stage, does not arise. Hence, he prayed the Court to dismiss the criminal petition.
6.
After considering submissions made by both the parties and reviewing the record, it is apparent that on 09.12.2024 came to the trial Court with little late as he is coming from his native village which 355 kms far away from the trial Court. Hence, since the petitioner is languishing in jail from 30.12.2024 and charge sheet is filed after completion of investigation, this Court deems it fit to grant bail to the petitioner subject to the following conditions: i.
The petitioner shall execute a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each, with two sureties for a like sum each to the satisfaction of the Principal District and Sessions Judge, Narayanpet, Narayanpet District.
ii.
The petitioner shall cooperate with the trial proceedings by appearing before the concerned Court whenever his presence is required as the charge sheet is filed before the concerned Court.
iii.
The petitioner shall abide by the conditions stipulated in Section 437(3)
of Cr.P.C.(presently, Section 480(3) of the BNSS).
7.
Accordingly, the Criminal petition is partly allowed. Miscellaneous applications, if any pending, shall stand closed.
_______________ K. SUJANA, J Date: 31.12.2024 gms
THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.15991 of 2024 Date: 31.12.2024 gms