In Criminal Petition No. 1271 of 2019, the High Court rejected the petitioner's application to cancel bail granted to accused No.1. The court found no specific grounds for cancellation and relied on the respondent's compliance with bail conditions.
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THE HONOURABLE JUSTICE G. SRI DEVI
CRIMINAL PETITION NO. 1271 of 2019
ORDER :
Respondent No.1, who is accused No. 1, was granted bail vide order dated 04.01.2019 by the XV Additional District and Sessions Judge, Ranga Reddy District at Kukatpally. The present petition is filed seeking cancellation of said bail.
It is contended by the learned counsel for the petitioner/ de facto complainant that the lower Court has granted bail to respondent No.1/ A1 on sole ground that he is in judicial custody for a period of 16 days. It is further submitted that the Court below has granted bail to A1 without taking into consideration that there is likelihood of tampering the evidence, if he is released on bail. Thus, it is prayed to cancel bail granted to A1, vide order dated 04.01.2019.
Heard learned counsel for the petitioner, learned counsel for respondent No.2 and learned public prosecutor and perused the records.
It is contended by the learned counsel for respondent No.2 that subsequent to granting of bail to respondent No.2/ accused No.1, the condition of his appearance was modified and since then the same has been complied with and he has all along been cooperating with the investigation of the matter. It is further contended that respondent No.2 has never misused the liberty granted to him.
Except the averments that the deceased was subjected to harassment by her husband and mother-in-law subsequent to her marriage
2
and so she committed suicide and that the trial Court without looking into factual aspects granted bail to respondent No.2, there is no other ground in the application that respondent No.2 has ever misused the liberty granted to him.
Having regard to the facts and circumstances of the case and as no specific ground has been made out for cancellation of bail granted to A1, this Court cannot consider the request of the petitioner.
Accordingly, the Criminal Petition is dismissed.
__________________
JUSTICE G. SRI DEVI
03.06.2019
vhb
1 issue framed by the court
Whether the bail granted to accused No.1 should be cancelled due to perceived likelihood of tampering evidence or on any other specific grounds.
DE FACTO COMPLAINANT
ACCUSED No.1
RESPONDENT No.2
G. SRI DEVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
