Allowed

Nadendla Jwala Prakash v. The State of Ap.

Telangana HC10 Oct 2013CRLP/11456/2013

Case brief

AI extract

What is this about?

In a habeas corpus petition under Section 439 Cr.P.C., the High Court of Andhra Pradesh granted bail to the petitioner accused of corruption. The court noted the petitioner's heart ailment and pending investigation as factors favoring release, overriding the prosecution's objections regarding disproportionate assets and unrecorded witness statements.

What did the court decide?

Petitioner released on bail on a bond of Rs.1,00,000/- with two sureties, required to reside in Hyderabad and report daily.

Nadendla Jwala Prakash Vs The State of Ap. — Corruption | Telangana HC (2013)

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IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THURSDAY, THE TENTH DAY OF OCTOBER TWO THOUSAND AND THIRTEEN

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:PRESENT:

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THE HON'BLE SRI JUSTICE RAJA ELANGO CRLP .NO:11456 of 2013

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Between: Nadendla Jwala Prakash S/o Late N.Laxmi Kantha Rao

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..... Petitioner/Accused

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AND

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The State of AP., Rep by its Public Prosecutor, High Court of AP., Hyderabad

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.....Respondent/Complainant

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Petition under Section 439 of Cr.P.C., praying that in the circumstances stated in the petition and the grounds filed herein, the High Court may be pleased to enlarge the petitioner / accused on bail in Crime No.16/RCT/ACB/VSP/2013 on the file of the PS., ACB Visakhapatnam Range, pending enquiry and trial.

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The petition coming on for hearing, upon perusing the petition and the grounds filed herein and upon hearing the arguments of Sri Mavidi Rama Rao, Advocate for the Petitioner and of Sri M.B. Thimma Reddy, Advocate for the Respondent, The Court made the following.

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ORDER:

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“The petitioner, who is accused in Crime No.16/RCTACB/VSP/2013 of P.S., ACB Visakhapatnam Range, registered for the offence punishable under Section 7 of P.C., Act, filed this petition under Section 439 of Cr.P.C., seeking bail.

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The allegation is that the petitioner received a sum of Rs.3,00,000/- as bribe on 29.9.2013. He was arrested and remanded to judicial custody.

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The learned Counsel for the petitioner submitted that the petitioner is in hospital because of his heart ailment and he is undergoing treatment since 30.9.2013.

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The learned Public Prosecutor opposed the application stating that the petitioner has not only taken Rs.3,00,000/- as bribe but he is also in possession of cash of Rs.12,00,000/- and the same was recovered from his house and further, some documents also show that he has wealth disproportionate to the known sources of income and he has Rs.56,00,000/- in his savings bank account and that the statements of the witnesses under Section 164 Cr.P.C., were not recorded and therefore, it is not a fit case to grant bail.

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From the material available on record, it is evident that the investigation is almost completed. The statements of the witnesses under section 164 Cr.P.C. are yet to be recorded. But it cannot be a ground to reject the bail to the petitioner.

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In the above circumstances and in view of the submission that the petitioner is suffering from ailment that too heart ailment, this Court is inclined to grant bail to the petitioner.

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In the result, the Criminal Petition is allowed and the petitioner is directed to be released on bail on his executing a bond for a sum of Rs.1,00,000/- (Rupees One lakh only) with two sureties for a like sum each to the satisfaction of the III Additional District Judge-cumSpecial Judge for ACB Cases, Visakhapatnam. The petitioner is directed to reside in Hyderabad and report before the DSP concerned in Hyderabad, on every day between 10.00 a.m., and 5.00 p.m.

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Sd/- P.V.K.SATYANARAYANA ASSISTANT REGISTRAR

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//TRUE COPY//

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For ASSISTANT REGISTRAR

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1. The III Additional District and Sessions Judge cum Special Judge for ACB Cases, Visakhapatnam

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2. The DSP, ACB Cases, Hyderabad.

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3. The Superintendent, Central Jail, Visakhapatnam

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4. The Station House Officer, Visakhapatnam ACB Police Station, Visakhapatnam

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5. Two Ccs to Public Prosecutor, High Court of A.P., Hyderabad (OUT)

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6. One CC to Sri Mavidi Rama Rao, Advocate (OPUC)

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7. One Spare Copy

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HIGH COURT

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AB DRAFTED ON 11-10-2013

REJ

DATE: 10-10-2013

ORDER

CRL.P. NO. 11456 OF 2013

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BAIL

Nadendla Jwala Prakash v. The State of Ap.

Case brief

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Nadendla Jwala Prakash v. The State of Ap.

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