S Raghavendra v. The State Of Telangana

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.16420 of 2024 ORDER:

This Criminal Petition is filed under section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 for granting of pre-arrest bail to the petitioners/accused Nos.2 and 4 in Crime No.384 of 2024 of Manguru Police Station, Bhadradri Kothagudem.

2.

The brief facts of the case are that on 04.11.2024, the accused persons besides robbing cash by illegally trespassing Sri Hanuman Lodge, they also threatened the de-facto complainant with dire consequences. Hence, a case was registered vide Crime No.384 of 2024 before the Manuguru Police, Bhadradri Kothagudem District, for the offences punishable under Section 309(4) of the BNS.

3.

Heard Sri B.Shirisha, learned counsel appearing on behalf of the petitioners as well as Sri Syed Yasar Manoon, learned Additional Public Prosecutor appearing on behalf of the respondent-State.

4.

Learned counsel for the petitioners submitted that the petitioners are innocent and they are no way concerned with the alleged offences. He further submitted that though there is

no corroborative evidence, the petitioners are implicated in the case with false and fabricated allegations. He also submitted that the petitioners are residents of Karnataka, with movable and immovable properties and are willing to furnish sureties as directed. Hence, he prayed the Court to grant anticipatory bail to the petitioners.

5.

On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioners stating that the investigation is not yet completed, therefore, granting anticipatory bail to the petitioners, at this stage, does not arise. Hence, he prayed the Court to dismiss the criminal petition.

6.

Having regard to the submissions made by both the parties and a perusal of the material placed on record, it is apparent that accused No.2 is unable to walk as he is suffering with locomotor disability with 85%. It is pertinent to note that material part of the investigation is completed. Therefore, considering the facts and circumstances of the case, this Court is of the considered view that it is a fit case for granting of anticipatory bail to the petitioners. 7.

Accordingly, this petition is allowed granting anticipatory bail to the petitioners subject to the following conditions:

i.

The petitioners shall surrender before the Station House Officer of P.S.

Manuguru, within two weeks from today, and on such surrender, the said Station House Officer shall release them on bail on executing a personal bond for Rs.15,000/- with two sureties, for the like sum each.

ii.

Petitioner No.1 shall appear before the concerned Station House Officer on every Monday between 9:00 A.M. to 10 P.M., for a period of eight (08) weeks or till filing of charge sheet whichever is earlier. Further, petitioner No.2 shall appear before the Investigating Officer whenever his presence is required.

iii.

The petitioners shall abide by the other conditions stipulated in Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023 and co-operate with the Investigating Officer in investigating the case.

Miscellaneous applications, if any pending, shall stand closed.

_______________ K. SUJANA, J Date: 23.01.2025 gms

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.16420 of 2024 Date: 23.01.2025 gms