Hamsaparugu Pallalu v. State Of A.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. 11734 of 2017 Between:- Hamsaparugu Pallalu, S/o. Chalamaiah.

..... Petitioner/Accused No.3 AND State of Andhra Pradesh, thru Public Prosecutor, High Court Buildings at Hyderabad.

.....Respondent/Complainant.

Petition filed under Sections 437 & 439 of Cr.P.C. praying that in the circumstances stated in the Grounds of Criminal Petition, the High Court may be pleased to enlarge the Petitioner on bail in connection with S.C. No. 267 of 2017 on the file of Additional Assistant Sessions Judge, at Chittoor, Chiittoor District, (Cr.No. 10/2010 of Pakala Police Station, Chittoor District). The petition coming on for hearing, upon perusing the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri B.V. Rama Rao, Advocate for the Petitioner and of Addl. Public Prosecutor(AP) on behalf of Respondent-State, the Court made the following ORDER :- "This Criminal Petition, under Section 439 of the Code of Criminal Procedure, 1973, is filed by the petitioner/accused No.3, for grant of bail in S.C.No.267 of 2017 on the file of the Additional Assistant Sessions Judge, Chittoor (Crime No.10 of 2010 on the file of the Pakala Police Station, Chittoor District, registered for the offence punishable under Section 395 of I.P.C.) 2.

Heard the learned counsel for the petitioner/accused No.3, learned Additional Public Prosecutor representing the respondent-State and perused the record.

3.

The petitioner/accused No.3 would submit that the petitioner/accused No.3 is innocent person and falsely implicated in the case. The other accused in the above referred Sessions Case were granted bail by the Court below and ultimately prayed to allow the application.

4.

The learned Additional Public Prosecutor representing the respondentState opposed the grant of bail to the petitioner/accused No.3 stating that the petitioner/accused No.3 is involved in five other criminal cases. 5.

In the course of submissions, it is brought to the notice of this Court that the petitioner/accused No.3 was originally arrested in S.C.No.7 of 2014 on the file of the Principal Assistant Sessions Judge, Chittoor, and he was acquitted in the said Sessions Case. As per the records produced before this Court, the petitioner/accused No.3 was remanded to judicial custody on 15.09.2017. Having regard to the nature of allegations and since the charge-sheet is filed, the petitioner/accused No.3 has to prepare for his defence, the petitioner/accused No.3 can be enlarged on bail under Section 439 of Cr.P.C. on some conditions.

6.

Accordingly, the petitioner/accused No.3 is ordered to be released 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 the satisfaction of the learned Additional Assistant Sessions Judge, Chittoor. After being released on bail, the petitioner/accused No.3 shall report before the Station House Officer, Pakala Police Station, Chittoor District, on every Sunday between 08:00 AM and 09:00 AM for a period of three months from the date of this order.

Contd.2...

- 2 - 7.

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

Sd/- I. NAGA LAKSHMI, ASSISTANT REGISTRAR //TRUE COPY// for ASSISTANT REGISTRAR To 1.The Additional Assistant Judge at Chittoor. 2.The Judicial First Class Magistrate at Pakala, Chittoor District. 3.The Station House Officer, Pakala Police Station, Chittoor District. 4.The Superintendent, Central Prison, Rajamahendravaram(Rajahmundry), East Godavari District.

5.Two CCs to the Public Prosecutor(AP), High Court at Hyd.(OUT) 6.One CC to Sri B.V. Rama Rao, Advocate(OPUC) 7.One spare copy.

TKK

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

BAIL ORDER CRL.P.No. 11734 of 2017 RELEASE THE PETITONER ON BAIL

DRAFTED BY TKK DT.11-12-2017.

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

BAIL ORDER CRL.P.No. 11734 of 2017 RELEASE THE PETITONER ON BAIL.