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High Court for State of TelanganaCRLP/11942/2017allowed no costs

Korepu Rajavva v. The State Of Telangana

2017-12-12Shameem Akther4 pages

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

THE HON'BLE DR JUSTICE SHAMEEM AKTHER CRLP .NO:11942 of 2017 Between:

1. Korepu Rajavva, W/o Laxmaiah

2. Korepu Padma, W/o Kanukaiah, ..... Petitioners/A11 & A12 AND The State of Telangana Rep. by Public Prosecutor, High Court at Hyderabad, for the State of Telangana and State of Andhra Pradesh. .....Respondent/Complainant Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the memo of grounds filed herein, the High Court may be pleased to grant anticipatory bail to the petitioners/A11 and A12 by directing the respondent to release the petitioners/A11 and A12 on bail in the event of their arrest in connection with the Prc. No. 21 of 2017 on the file of Addl. MJMFC, Husnabad in Crime No. 217 of 2016 on the file of PS Bejjanki Karimnagar District.

The petition coming on for hearing, upon perusing the Petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri Ravi Kumar Vadlakonda, Advocate for the Petitioners, and of Public Prosecutor (TG) for Respondent, the Court made the following. ORDER:

This Criminal Petition, under Section 438 of Cr.P.C., is filed by the petitioners/accused Nos.11 & 12, seeking anticipatory bail in the event of their arrest in connection with Crime No.217 of 2016, on the file of Bejjanki Police Station, Karimnagar District, registered for the offences punishable under Sections 147, 342, 307, 506 r/w 149 IPC.

Heard learned Counsel for the petitioners/accused Nos.11 & 12, learned Additional Public Prosecutor appearing for the respondent- State and perused the record.

The learned Counsel for the petitioners would submit that the petitioners are innocent persons; they are falsely implicated in this case; they have not caused any injuries; moreover, they are women and ultimately, prayed to allow the Application. The learned Additional Public Prosecutor opposed for grant of bail to the petitioners/accused Nos.11 & 12.

The material on record reveals that on 12-10-2016, the petitioners/accused Nos.11 & 12 and other accused alleged to have beat the defacto-complainant. It is alleged that other accused beat the defacto-complainant with sticks and rods, which were recovered from them pursuant to their confession. The specific allegation against the petitioners/accused Nos.11 & 12 is that they beat the defacto complainant with chappals. In the charge sheet, there is specific mention that the defacto complainant suffered simple injuries.

Since both the petitioners are women, in view of the nature of the allegations levelled against them, they can be enlarged on bail under Section 438 Cr.P.C.

In these circumstances, the petitioners/accused Nos.11 & 12 are directed to surrender before the Station House Officer, Bejjanki Police Station, Karimnagar District, within 15 days from the date of this order and on such surrender, the said Station House Officer shall release them on bail, on each of their

executing a personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum each to his satisfaction.

Accordingly, with the above directions, the Criminal Petition is allowed.

ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To 1.

The Addl. Judicial Magistrate of First Class, Husnabad, Karimnagar District 2.

The V Addl. Sessions Judge, Karimangar 3.

The Station House Officer, Bejjanki Police Station, Karimnagar District 4.

Two CCs to Public Prosecutor (TG), High Court, Hyderabad (OUT) 5.

One CC to Sri Ravi Kumar Vadlakonda, Advocate (OPUC) 6.

One spare copy Skm

HIGH COURT DR. SA,J Drafted by: skm Drafted on: 13-12-2017 DATE: 12-12-2017

ORDER

CRL.P. No. 11942 sof 2017 DIRECTION