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High Court for State of TelanganaCRLP/12044/2017allowed no costs

Mangali Lakshmi Devi v. The State Of A.P

2017-12-14Shameem Akther4 pages

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

THE HONOURABLE DR JUSTICE SHAMEEM AKTHER CRLP .No. 12044 of 2017 Between:- 1.Mangali Lakshmi Devi, W/o. Mangali Venkata Dasu 2.Mangali Lakshmi Devi, W/o. Mangali Sreenivasulu ..... Petitioners/Accused Nod. 3 & 4.

AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court Buildings, Hyderabad.

.....Respondent/Complainant.

Petition filed under Sections 438 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 Petitions on bail in the event of their arrest in Crime No. 184 of 2017 of Nandyal II Town Police Station, Nandyal, Kurnool 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.S. Reddy, Advocate for the Petitioners and of Addl. Public Prosecutor(AP) on behalf of RespondentState, the Court made the following ORDER :- "This Criminal Petition is filed by the petitioners/A.3 and A.4 under Section 438 of Cr.P.C. for grant of anticipatory bail to them in Crime No.184 of 2017 of Nandyal II Town Police Station, registered for the offences punishable under Sections 323, 324, 506 read with 34 I.P.C. and under Section 3(1)(x), 3(2)(iii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

2.

Heard the learned counsel for the petitioners/A.3 and A.4, learned Additional Public Prosecutor representing the respondent-State, and perused the record.

3.

During the course of submissions made by the learned counsel for both the sides, it has come to light that the de facto complainant is unknown to the petitioners/A.3 and A.4. It is alleged that petitioners/A.3 and A.4 pushed the de facto complainant on 26.10.2017 at 6.00 p.m. There is no mention in the first information report that the petitioners/A.3 and A.4 abused the de facto complainant in the name of caste. This dispute is with regard to the parking of the cycle of the de facto complainant adjoining the house of the accused No.1, for which he has objected. Having regard to the nature of allegations levelled against the petitioners/A.3 and A.4 and the material collected so far, the petitioners/A.3 and A.4 can be granted bail under Section 438 Cr.P.C. 4.

Accordingly, the petitioners/A.3 and A.4 are directed to surrender before the Station House Officer, Nandyal II Town Police Station, Kurnool District, within a period of 15 days from the date of this order. On such surrender, the Station House Officer, Nandyal II Town Police Station, Kurnool District, shall release the petitioners/A.3 and A.4 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 the satisfaction of the Station House Officer, Nandyal II Town Police Station, Kurnool District. After being released on bail, the petitioners/A.3 and A.4 shall report before the Station House Officer, Nandyal II Town Police Station, Kurnool District, on every Sunday between 9-00 a.m. and 10-00 a.m. till filing of the charge sheet. The petitioners/A.3 and A.4 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.

Contd..2...

- 2 - 9.

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 Station House Officer, Nandyal II Town Police Station, Kurnool District. 2.Two CCs to the Public Prosecutor(AP), High Court at Hyd.(OUT) 3.One CC to Sri B.S. Reddy, Advocate(OPUC) 4.One spare copy.

TKK

HIGH COURT DR.SA.J DT.14-12-2017.

ANTICIPTORY BAIL ORDER CRL.P.No. 12044 of 2017 RELEASE THE PETITONERS ON BAIL IN THE EVENT OF THEIR

DRAFTED BY TKK DT.15-12-2017.

HIGH COURT DR.SA.J DT.14-12-2017.

ANTICIPATORY BAIL ORDER CRL.P.No. 12044 of 2017 RELEASE THE PETITONERS ON BAIL IN THE EVENT OF THEIR.