Chenji Rathnam Reddy v. The State Of Andhra Pradesh

[ 26sl ] HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY, THE THIRTY FIRST DAY OF OCTOBER, TWO THOUSAND AND EIGHTEEN :PRESENT:

THE HONOURABLE DR. JUSTICE SHAMEEM AKTHER CRIMINAL PETITION NO: 11201 OF 2018 Between:

Chenjl Rathnam Reddy, S/o Narayana Swamy, Petitione r/Acc used No.4 AND The State of Andhra Pradesh, Station House Officer Srikalahasti l-Town Police Station, Chittoor District, represented by the Public Prosecutor, High Court of Andhra Pradesh, Hyderabad.

RespondenUComplainant Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the grounds field herein, the High Court may be pleased to grant anticipatory bail to the petitioner directing the I Town Srikalahasti Police to release the petitioner in the event of his arrest in connection with Crime No. 1 96/2018, dated 16-09-201 8 of the I Town Srikalahasti Police Station, Chittoor District; The petition coming on for hearing, upon perusing the Petition and memo of grounds filed herein, and upon hearing the arguments of Sri A Chandraih Naidu, Advocate for the Petitioner, and of Public Prosecutor (AP) for Respondent, the Court made the following ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by the petitioner/A,4, for grant of anticipatory bail in Crime No.196 of 2018 of Srikalahasthi I Town Police Station, Tirupati Urban District, registered for the offences punishable under Sections 307, L47, l4B, 324, t}g, 120B read with 149 of LP.C. 2, Heard the learned counsel for the petitioner/A.4, the learned Additional Public Prosecutor representing the respondent- State and perused the record.

3.

There are specific allegations against the other accused in this case for the offences punishable under Sections 307, 147, t48,324, 109, 1208 read with 149 of I.P.C. It is alleged in the report, dated 16.09.2018, lodged by the de-facto complainant with the police that the petitioner/A.4 conspired with the other accused in this case to eliminate the de-facto complainant.

\There are land and building disputes between the petitioner/A.4 and the deFacto complainant. It is alleged that accused No.1 in this crime did not give some percentage to the de-facto complainant, as agreed between them. Further, a criminal case in Crime No.156 of 2018 of Srikalahasthi I Town Pollce Station was registered against A.1 and A.2 alleging that they have threatened the de-Facto complainant. Having regard to the nature of allegations levelled against the petitioner/A,4 and the material collected so far against him, this Court is inclined to grant bail to the petitioner/A.4 under Section 438 of Cr.P.C., on some conditions.

4.

Accordingly, the petitioner/A.4 is directed to surrender before the Station House Officer, Srikalahasthi I Town Police Station, Tirupati Urban District, within a period of 15 days from the date of this order. On such surrender, the said Station House Officer shall release the petitioner/A.4 on bail on his executing a personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties in a like sum each to his satisfaction. After release on bail, the petitioner/A.4 shall report before the said Station House Officer on every Sunday between 09:00 AM and 10:00 AM, till filing of the charge-sheet. The petitioner/A.4 shall also abide by the conditions stipulated in Section 438 (2) of Cr.P.C., and shall cooperate with the investigating ofFicer in the investigation of the case. 5.

The Criminal Petition is, accordingly, allowed. Miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed.

Sd/. A.SARASWAT ASSISTANTREG RAR ,TRUE COPY'

For ASSISTANT EGISTRAR To, The District and Sessions Judge of Chittoor The Special Sessions Judge-cum-lV Addl. Sessions Judge, Tiruipati The Station House Officer Srikalahasti l-Town Police Station, Chittoor District Two CCs to Public Prosecutor (AP), High Court at Hyderabad (OUT) One CC to Sri. A Chandraih Naidu, Advocate [OPUC] One spare copy b Skm

E-_ HIGH COURT DR.SA,J DATED:31/10/2018

ORDER

CRLP.No.l120l o{'2018 .\ DTRECTION + \ l L/