Nadeem Qureshi v. The State Of Telangana

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL PETITION No.1999 of 2016 ORDER:

Heard the learned counsel for the petitioner/A.9 and the learned Public Prosecutor.

2. The petitioner/A.9 filed the present application under Section 438 Cr.P.C seeking release on bail in the event of his arrest in connection with Crime No.289 of 2007 of Shadnagar Police Station, Mahaboobnagar District, registered for the offence punishable under Section 379 IPC.

3. The averments in the charge sheet disclose that A.1 to A.12 used to conduct rekhies in selected places during the day time and commit theft of cattle during night time. In the instant case, on 22.07.2007, A.1 to A.12 went to Burgulagadda thanda H/o Raikal village by DCM van and committed theft of seven bullocks from the cattle shed of the informant, two bullocks from the cattle shed of L.W.2, two bullocks from the cattle shed of L.W.3, one jersey cow, one bullock from the cattle shed of L.Ws.4 and 5 bullocks from the cattle shed of L.W.5. Later they sold the cattle and distributed the sale proceeds among themselves. Basing on these allegations, the present crime came to be registered.

4. Learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case.

5. On the other hand, learned Public Prosecutor, on instructions, states that the petitioner is involved as may as 13 cases of similar nature and that P.T warrant is also pending against him in other crimes.

6. Having regard to the fact that the petitioner involved in 13 crimes of similar nature and as the statement of witnesses recorded by police during the course of investigation discloses the complicity of the petitioner in the commission of offence, the request of the petitioner cannot be considered.

7. Accordingly, the Criminal Petition is dismissed. At this stage learned counsel for the petitioner submits that the petitioner is juvenile as on the date of commission offence, as such he cannot be detained in regular prison. If that is so, the petitioner is at liberty to surrender before the concerned Court and make a suitable application showing his age, in which event, the concerned Court shall enquire into the age of the petitioner at the time of commission of offence and pass orders in accordance with law.

________________________________ JUSTICE C. PRAVEEN KUMAR February 24, 2016 YVL THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR

CRIMINAL PETITION No.1999 of 2016 Date:24.02.2016 YVL