← Library
High Court for State of TelanganaCRLP/10651/2017allowed no costs

Rajesh Nelluri v. The State Of Andhra Pradesh

2017-11-20Shameem Akther4 pages

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH MONDAY, THE TWENTIETH DAY OF NOVEMBER, TWO THOUSAND AND SEVENTEEN : PRESENT:

THE HON'BLE DR JUSTICE SHAMEEM AKTHER CRIMINAL PETITION No. 10651 of 2017 Between:

1. Rajesh Nelluri, S/o. Srinivasa Rao

2. Venkata Rao Savaram, S/o. Viswanath Petitioners (Accused 2 & 3 in Cr.No.105/2017 of P.S.Chatrai) AND The State of Andhra Pradesh, rep .by its Public Prosecutor, High Court of Judicature at Hyderabad.

Respondent/Complainant Petition under Section 438 of Cr.P.C. praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to grant anticipatory bail by ordering the release of the petitioners/accused No. 2 & 3 on bail in the event of their arrest on production of sufficient sureties in Crime No. 105 of 2017 dated. 25-10-2017, registered at Chatrai Police Station, Krishna District against the petitioners herein in the interest of justice.

The Petition coming on for hearing, upon perusing the petition and the grounds filed herein and upon hearing the arguments of M/s. Vankina Allu & Parasaram, Advocate for the Petitioners and of the Addl. Public Prosecutor (AP) for the Respondent, the Court made the following ORDER:

" This Criminal Petition is filed by the petitioners-A.2 and A.3 under Section 438 of Cr.P.C. for grant of anticipatory bail to them in Crime No.105 of 2017 of Chatrai Police Station, Krishna District, registered for the offences punishable under Sections 354B, 354D I.P.C. r/w Section 109 I.P.C. r/w Sections 11 r/w 12 of the POCSO Act, 2012.

2.

Heard the learned counsel for the petitioners-A.2 and A.3, and the learned Additional Public Prosecutor appearing for the respondent-State, apart from perusing the material available on record. 3.

The allegation against the petitioners-A.2 and A.3 is that they have abetted A.1, who is said to be in love with the victim girl, to get married with the victim girl. They informed the victim that they would get a cell phone to her to talk to A.1. It is also alleged that these petitioners-A.2 and A.3 are indulging in cricket betting. Except these allegations, there are no other allegations against these petitioners-A.2 and A.3. The truth or otherwise of the allegations can be decided during trial. The petitioners are permanent residents of Chatrai Village and Mandal, Krishna District. They have landed property. There is nothing to interfere with the investigation and tamper with the witnesses. Under these circumstances, the petitioners-A.2 and A.3 can be granted bail under Section 438 Cr.P.C. 4.

In the result, the petitioners-A.2 and A.3 are directed to surrender before the Station House Officer, Chatrai Police Station, Krishna District, within a period of 15 days from today. On such surrender, the Station House Officer, Chatrai Police Station, shall release the petitioners-A.2 and A.3 on bail on petitioners-A.2 and A.3 executing a personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) each with two sureties each for a like sum to the satisfaction of the same S.H.O. On release, the petitioners-A.2 and A.3 shall abide by the conditions mentioned in Section 438(2) Cr.P.C. and cooperate with the investigating officer. The petitionesr-A.2 and A.3 shall also attend before the Station House Officer, Chatrai Police Station, Krishna District, on every Sunday between 9-00 a.m. and 10-00 a.m. till filing of the charge sheet.

..2..

5.

Accordingly, this Criminal Petition is allowed. As a sequel, miscellaneous petitions, if any, pending in this Criminal Petition shall stand closed."

ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To

1. The Additional Judicial Magistrate of First Class, Tiruvuru, Krishna District.

2. The SHO, Chatrai Police Station, Krishna District.

3. Two CCs to the Public Prosecutor (AP), High Court, Hyd(OUT)

4. One CC to M/s. Vankina Allu & Parasaram, Advocate(OPUC)

5. One spare copy.

SAH

HIGH COURT Dr.SAJ DATED: 20-11-2017

ORDER

CRL.P.NO. 10651 OF 2017 ANTICIPATORY BAIL

DRAFTED BY: SAH APPROVED BY:

DRAFTED ON: 22-11-2017 HIGH COURT Dr.SAJ DATED: 20-11-2017

ORDER

CRL.P.NO. 10651 OF 2017 ANTICIPATORY BAIL