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High Court for State of TelanganaCRLP/2166/2015dismissed

Thokala Lingaiah, v. The State Of Telangana

2015-03-27M.S.Ramachandra Rao4 pages

THE HON'BLE SRI JUSTICE M.S.RAMACHANDRA RAO CRIMINAL PETITION No. 2166 of 2015 ORDER :

This application is filed by accused No.2 in S.C.No.580 of 2014 on the file of VI Additional District & Sessions Judge, Godavarikhani, Karimnagar District, where he is facing a charge under Section 302 IPC, to enlarge him on bail. Bail was initially granted to the petitioner on 11.11.2013. Subsequently, the wife of the deceased gave a complaint that the petitioner, who is alleged to have murdered her husband, threatened her. Thereupon, Crl.M.P.No.60 of 2014 was filed by the State to cancel the bail. By order dated 13.08.2014 the said application was allowed and the petitioner was directed to surrender before the Court on 21.08.2014. Contending that he had filed a bail application before the VI Additional District & Sessions Judge, Godavarikhani, Karimnagar District, for his release, but the same was dismissed on 30.01.

2015, the petitioner filed this application under Sections 437 & 439 Cr.P.C. to enlarge him on bail. Learned Additional Public Prosecutor appearing for the State contended that on account of the petitioner threatening the wife of the deceased, the bail granted earlier was cancelled; schedule in sessions case has already been fixed; and, therefore, this is not a case to grant bail to the petitioner at this juncture; and a direction be given to the Sessions Court to dispose of the Sessions Case expeditiously.

Although the counsel for the petitioner denied the allegation that the petitioner had threatened the wife of the deceased, in view of the fact that the schedule in the Sessions Case has already been fixed, I am not inclined to enlarge the petitioner on bail at this point of time.

Therefore, the Criminal Petition is dismissed and the Sessions Court is directed to complete the trial in the sessions case expeditiously, as per the schedule.

_____________________________ JUSTICE M.S.RAMACHANDRA RAO 27th March, 2015 cbs

THE HONOURABLE SRI JUSTICE M.S. RAMACHANDRA RAO

CRIMINAL PETITION NO. 2166 of 2015 27th March, 2015 cbs