Ittireddy Sripal Reddy v. The State Of Telangana
HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY, THE THIRD DAY OF JANUARY, TWO THOUSAND AND EIGHTEEN : PRESENT:
THE HON'BLE DR JUSTICE SHAMEEM AKTHER CRIMINAL PETITION No. 12623 of 2017 Between:
Ittireddy Sripal Reddy, S/o. Raji Reddy Petitioner/Accused No.2 AND The State of Telangana, rep. by Special Public Prosecutor for ACB, High Court of Judicature at Hyderabad, through P.S.ACB, Karimnagar Range. Respondent/Complainant Petition under Sections 437 & 439 of Cr.P.C. praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to enlarge petitioner/Accused No.2 on bail in Crime No.12 of 2017 of P.S., ACB, Karimnagar Range.
The Petition coming on for hearing, upon perusing the petition and the grounds filed herein and upon hearing the arguments of Sri M.Ram Mohan Reddy, Advocate for the Petitioner and of Sri P.Nageshwara Rao, Spl. P.P for ACB for the Respondent, 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.2, for grant of bail in Crime No.12 of 2017 on the file of the Police Station, ACB, Karimnagar Range, Karimnagar District, registered for the offences punishable under Sections 120(B), 506 of I.P.C. and Section 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988.
2.
Heard the learned counsel for the petitioner/accused No.2, learned Special Public Prosecutor for ACB (Telangana) and perused the record. 3.
The petitioner/accused No.2 was remanded to judicial custody on 30.11.2017 on his production on PT warrant. Originally, the petitioner/accused No.2 was remanded to judicial custody on 17.06.2017 in another crime. The learned Special Public Prosecutor for ACB (Telangana) would submit that the petitioner/accused No.2 is a member of an organised gang.
The petitioner/accused No.2 and the other accused are threatening the witnesses and coercing them. Therefore, there is need to detain the petitioner/accused No.2 further in judicial custody to complete the investigation. 4.
As per the material placed on record, a registered sale deed is obtained in favour of a friend of accused No.1 by name Jithender Reddy. The said sale deed was registered in the office of the Sub-Registrar in the year 2014. Thereafter, the said sale deed was cancelled on 16.11.2017. The specific allegation against the petitioner/accused No.2 is that he threatened the de-facto complainant to pay monthly interest, which is very high, to the accused No.1 in this crime. Though the accused No.1 is in judicial custody from considerable period in connection with another crime, he is not produced and remanded in the instant crime. Whether the petitioner/accused No.2 threatened the de-facto complainant to pay high rate of interest to the accused No.1 is required to be determined after due trial. The petitioner/accused No.2 has got permanent abode and immovable properties in his name and he is ready to cooperate with the investigating officer in the investigation of this case, in the event of granting bail to him.
..2..
5.
Since the petitioner/accused No.2 is in judicial custody from a long time, there was ample opportunity for the investigating officer to collect material evidence and complete the investigation. There is no justifiable ground to further detain the petitioner/accused No.2 in judicial custody. The petitioner/accused No.2 can be enlarged on bail under Section 439 of Cr.P.C. 6.
Accordingly, the petitioner/accused No.2 is ordered to be released on bail on his executing a personal bond for a sum of Rs.20,000/- (Rupees twenty thousand only) with two sureties in a like sum each to the satisfaction of the learned Special Judge for SPE & ACB Cases, Karimnagar. On such release, the petitioner/accused No.2 shall not enter into Karimnagar District. Further, the petitioner/accused No.2 shall appear before the Joint Director, ACB, State of Telangana, on every Wednesday and Saturday between 10.00 A.M. and 11.00 A.M., until further orders.
7.
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 Special Judge for SPE & ACB Cases, Karimnagar.
2. The Superintendent, District Jail, Karimnagar.
3. The SHO, ACB Karimnagar Range Police Station, Karimnagar.
4. Two CCs to the Public Prosecutor (TG), High Court, Hyd(OUT)
5. One CC to Sri M.Rama Mohan Reddy, Advocate(OPUC)
6. One spare copy.
SAH
HIGH COURT Dr.SAJ DATED: 03-01-2018
ORDER
CRL.P.NO. 12623 OF 2017 BAIL GRANTED
DRAFTED BY: SAH APPROVED BY:
DRAFTED ON: 04-01-2018 HIGH COURT Dr.SAJ DATED: 03-01-2018
ORDER
CRL.P.NO. 12623 OF 2017 BAIL GRANTED