Gandla Mukesh And Another v. The State Of A.P., Rep. By P.P.

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH FRIDAY, THE EIGHTH DAY OF DECEMBER, TWO THOUSAND AND SEVENTEEN : PRESENT :

THE HONOURABLE DR JUSTICE SHAMEEM AKTHER CRLP .No. 10531 of 2017 Between:- 1.Gandla Mukesh, S/o. G. Pullaiah 2.Gnadla Bharathi, W/o. G. Mukesh.

..... Petitioners/Accused Nos. 1 & 2 AND The State of Andhra Pradesh, Through S.H.O., IV Town Police Station, Kurnool District, rep. by its Public Prosecutor, High Court at Hyderabad.

...Respondent/Complainant.

Petition filed under Section 438 of Cr.P.C. praying that in the circumstances stated in the petition and grounds thereof, the High Court may be pleased to enlarge the petitioners on bail in the event of their arrest by the respondent Station House Officer, IV Town Police Station, Kurnool, in connection with Cr.No. 452 of 2017, pending enquiry.

The petition coming on for hearing, upon perusing the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri K. Rathanga Pani Reddy, Advocate for the Petitioners and the Addl. Public Prosecutor(AP) for the Respondent-State, the Court made the following ORDER :- "This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by the petitioners/accused Nos.1 and 2, for grant of anticipatory bail in the event of their arrest in Crime No.452 of 2017 on the file of the Kurnool IV Town Police Station, Kurnool District, registered for the offences punishable under Sections 324, 307 read with 34 of I.P.C. 2.

Heard the learned counsel for the petitioners/accused Nos.1 and 2, learned Additional Public Prosecutor representing the respondent-State and perused the record.

3.

In the course of submissions made by the learned counsel for both sides, it is brought to the notice of this Court that on 07.10.2017 at 08:30 AM, there was some galata and exchange of words between the petitioners/accused Nos.1 and 2 and the de-facto complainant. The petitioners/accused Nos.1 and 2 are alleged to have attacked the de-facto complainant, who is their son-inlaw. There are also allegations of de-facto complainant coming to the house of the petitioners/accused Nos.1 and 2 in order to take away his wife Swetha, as she is residing with her parents for the last seven months. It is also brought to the notice of this Court that the de-facto complainant attacked the petitioners/accused Nos.1 and 2 and in that process, his wife Swetha and his mother-in-law (petitioner/accused No.2 herein) received injuries.

Both the parties have lodged reports with different police stations, i.e., the wife of the de-facto complainant lodged a report with the Women Police Station, Kurnool, and the de-facto complainant lodged a report with the Kurnool IV Town Police Station, Kurnool. The veracity of the incident is yet to be established, so also the circumstances that lead the parties to lodge reports with the police and the injuries suffered by both the parties to the dispute. Having regard to the nature of allegations levelled against the petitioners/accused Nos.1 and 2 and the material collected so far, this Court is inclined to grant bail to the petitioners/accused Nos.1 and 2 under Section 438 of Cr.P.C. Contd.2...

4.

Accordingly, the petitioners/accused Nos.1 and 2 are directed to surrender before the Station House Officer, Kurnool IV Town Police Station, Kurnool District, within a period of 15 days from the date of this order. On such surrender, the Station House Officer, Kurnool IV Town Police Station, Kurnool District, shall release the petitioners/accused Nos.1 and 2 on bail on their executing personal bonds for a sum of Rs.10,000/- (Rupees ten thousand only) each with two sureties in a like sum each to his satisfaction. After being released on bail, the petitioners/ accused Nos.1 and 2 shall report before the Station House Officer, Kurnool IV Town Police Station, Kurnool District, on every Sunday between 08:00 AM and 10:00 AM, till filing of the charge-sheet. The petitioners/accused Nos.1 and 2 shall also abide by the conditions stipulated in Section 438 (2) of the Code of Criminal Procedure, 1973, and shall cooperate with the investigation 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."

ASSISTANT REGISTRAR //TRUE COPY// for ASSISTANT REGISTRAR To 1.the IV-Additional District and Sessions Judge, Kurnool. 2.The Station House Officer, Kurnool IV Town Police Station, Kurnool District.

3.Two CCs to Public Prosecutor(AP), High Court of Judicature at Hyderabad. (OUT) 4.One CC to Sri K. Rathanga Pani Reddy, Advocate(OPUC) 5.One spare copy.

TKK

HIGH COURT DR.SA.J DT.08-12-2017.

ANTICIPATORY BAIL ORDER CRL.P.No. 10531 of 2017 RELEASE THE PETITONERS ON BAI L IN THE EVENT OF THEIR ARREST.

DRAFTED BY TKK DT.11-12-2017.

HIGH COURT DR.SA.J DT.08-12-2017.

ANTICIPATORY BAIL ORDER CRL.P.No. 10531 of 2017 RELEASE THE PETITIOENRS ON BAIL IN THE EVENT OF THEIR ARREST.