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High Court for State of TelanganaCRLP/12927/2018dismissed

Syed Mathin v. The State Of Telangana

2018-12-12Shameem Akther2 pages

THE HON'BLE DR.JUSTICE SHAMEEM AKTHER CRIMINAL PETITION No.12927 OF 2018 ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by the petitioner/A.3 for grant of bail in Crime No.284 of 2018 of Banjara Hills Police Station, Hyderabad, registered for the offence punishable under Section 365 read with 34 of IPC.

2.

Heard the learned counsel for the petitioner/A.3 and the learned Additional Public Prosecutor representing the respondentState and perused the record. 3.

Learned counsel for the petitioner/A.3 would submit that the petitioner/A.3 was remanded to judicial custody in Crime No.182 of 2018 of Chilkalguda Police Station, registered for the offences punishable under Sections 420, 170, 392 and 120B read with 34 of IPC. Due to enemity with the father of the de facto complainant, the petitioner/A.3 is implicated in this case. Police did not choose to take custody of this petitioner when he was in judicial custody in Crime No.182 of 2018 and ultimately, prayed to allow the petition. 4.

Learned Additional Public Prosecutor opposed the grant of bail to the petitioner/A.3 and ultimately, prayed to dismiss the petition.

5.

As per the material placed on record and the investigation conducted by the police, the petitioner/A.3 along with other accused in this case went to Gemini Studio posing as Task Force Officers and took L.W.2-Sannidhanam Laxmikanth Sharma in Innova Car. Thereafter, they went to the house of L.W.2, threatened

the de facto complainant, robbed gold ornaments and cash etc. The same is yet to be recovered. There are specific allegations against the petitioner/A.3 of abducting L.W.2. There are also allegations against the petitioner/A.3 in robbing the gold and other ornaments from the house of L.W.2. Under these circumstances, it is not a fit case to allow the petition under Section 438 Cr.P.C. The petition is devoid of merit and is liable to dismissed.

6.

In the result, the Criminal Petition is dismissed. ____________________________ DR. SHAMEEM AKTHER, J Date: 12.12.2018 ssp