Banothu Devendar v. The State Of Telangana
HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH FRIDAY, THE NINETEENTH DAY OF JANUARY, TWO THOUSAND AND EIGHTEEN : PRESENT:
THE HON'BLE SMT JUSTICE T.RAJANI CRIMINAL PETITION No. 24724 of 2017 Between:
Banothu Devandar, S/o. Hatchaiah Petitioner (Accused in Cr.No.484/2017 of P.S. Khammam II Town, Khammam Dist) AND The State of Telangana, rep .by its Public Prosecutor, High Court of Judicature at Hyderabad, for the State of Telangana and for the State of Andhra Pradesh. Respondent/Complainant Petition under Section 438 of Cr.P.C. praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to release the petitioner on bail in the event of his arrest in Crime No. 484 of 2017 on the file of the Khammam II Town Police Station, Khammam District.
The Petition coming on for hearing, upon perusing the petition and the grounds filed herein and upon hearing the arguments of Sri A.Prabhakar Rao, Advocate for the Petitioner and of the Public Prosecutor (TG) for the Respondent, the Court made the following ORDER:
" This Criminal Petition is filed seeking for grant of anticipatory bail to the petitioner, who is accused, in Crime No.484 of 2017 on the file of Khammam II Town Police Station, Khammam District. The offence alleged is under Section 420 I.P.C.
2.
Heard the learned counsel for the petitioner and the learned Public Prosecutor appearing for the respondent-State and perused the record. 3.
Learned counsel for the petitioner submits that this complaint is filed as a counter blast to the complaint lodged by the petitioner, earlier. Learned counsel further draws the attention of this Court to the charge sheet filed in Crime No.211 of 2017, which got registered based on the complaint of the petitioner herein. The contents in the charge sheet reflect that when the petitioner went to the parents house of the de-facto complainant, who is none other than his wife, to discuss about her attitude, the brother of the de-facto complainant attacked and beat him with pestle and hands. This complaint is subsequent to the complaint lodged by the petitioner.
4.
In view of the above, prima-facie, it appears that the instant complaint is only a counter blast to the complaint lodged by the petitioner. Hence this Court considers this a fit case for grant of anticipatory bail to the petitioner/accused. 5.
Accordingly, the Criminal Petition is allowed. The petitioner/accused is directed to surrender before the Station House Officer, II Town Police Station, Khammam, Khammam District, within 15 days from the date of this order. On such surrender, the petitioner/accused shall be released on bail on his executing personal bond for a sum of Rs.20,000/- (Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of the said Station House Officer. Further, on such release, the petitioner shall abide by the conditions mentioned under Section 438(2) Cr.P.C., as under:
1) The petitioner shall make himself available for interrogation by a police officer as and when required;
..2..
2) The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and
3) The petitioner shall not leave India without the previous permission of the Court.
As a sequel, the miscellaneous applications, if any pending, shall stand closed."
ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To
1. The I Additional Judicial First Class Magistrate Court at Khammam.
2. The SHO, Khammam II Town Police Station, Khammam District.
3. Two CCs to the Public Prosecutor (TG), High Court, Hyd(OUT)
4. One CC to Sri A.Prabhakar Rao, Advocate(OPUC)
5. One spare copy.
SAH
HIGH COURT TRJ DATED: 19-01-2018
ORDER
CRL.P.NO. 24724 OF 2017 ANTICIPATORY BAIL
DRAFTED BY: SAH APPROVED BY:
DRAFTED ON: 22-01-2018 HIGH COURT TRJ DATED: 19-01-2018
ORDER
CRL.P.NO. 24724 OF 2017 ANTICIPATORY BAIL