High Court granted bail to the accused in a case of criminal trespass and attempt to murder registered under IPC Sections 448, 307 and 34.
Petitioner released on bail on executing a personal bond of Rs. 15,000 with two sureties of equal amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
M
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
MONDAY, THE TWENTIETH DAY OF JANUARY, TWO THOUSAND AND TWENTY
:PRESENT:
THE HON'BLE JUSTICE G.SRI DEVI
CRIMINAL PETITION NO: 319 OF 2020
Between:
Gaddam Appi Reddy, S/o Rami Reddy
Petitioner/Accused No. 1
AND
The State of Telangana through Public Prosecutor, High Court at Hyderabad, Rep. by Station House Officer, P.S. Mudigonda
Respondent/Complainant
Petition under Sections 437 & 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 on bail in the case Cr. No. 254 of 2019 ofP.S. Mudigonda, in the interest ofjustice;
Counsel for the Petitioner SRI B.'IJAYSEN REDDY
Counsel for the Respondent
ADDL. PUBLIC PROSECUTOR
The Court made the following;
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HONOURABLE JUSTICE G. SRI DEVI
Q
QRDER:
The petitioner/A- 1 filed the present Criminal Petition under Sections 437 and 439 of the Code of Criminal Procedure seeking to grant bail to him in Crime No.254 ol 2019 of P.S. Mudigonda, Khammam District, which was registered for the offences punishable under Sections 448 and 307 read with Section 34 of the Indian Penal Code.
The allegation against the petitioner/A- 1 is that on the night of 12.11.2019 at 23.30 hours he criminally trespassed into the house of the de facto complainant and he along with A-2 attempted to murder the de facto complainant by smothering him and pressing his neck and testicles on account of the illegal extra-marital relationship between the petitioner and the wife of the de facto coroplainant, A-2.
Learned Additional Public Prosecutor opposed to grant bail to the petitioner/A- 1 .
Learned r:ounsel for the petitioner/A- I submits that the allegations made against the petitioner/A- 1 are false and baseless and tl-rere is no evidence on record to show the alleged involvement of :he petitioner I A-1 . It is submitted that none of the offences alleged have been made out against the petitioner/A- 1. lt is further submitted that there are no injuries on the body of the de facto complainant to indicate attempt to murder by the petitioner/A- 1 and to implicate him in the
a
offence. It is further submitted that the petitioner was falsely implicated by the de facto complainant due to malafide intentions and political rivalries. The petitioner was arrested on 20.12.2019 and was injudicial remand since then. It is further submitted that investigation was completed and there is no chance of the petitioner to influence the investigation or tamper with the evidence. It is further submitted that the petitioner is a permanent resident of the village and his presence is always available to the investigation. He is ready to abide by any condition that might be imposed by this Court while releasing on bail. Hence, it is prayed to consider the A- 1/petitioner's application for bail.
Looking into the facts and circumstances of the case and taking into consideration the gravity of the offence alleged and as the injuries are showrlto be simple in nature, I am inclined to grant bail to the petitioner I A-1.
The Criminai Petition is allowed and the petitioner/A- 1 shall be released on bail on the following terms and conditions:
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(u) That the petitioner/A- I shall appear personally before lhe Court below on each and every adjournment till the conclusion of trial.
Miscellaneous applications pending, if any, shall stand
closed.
SD/. B.SATYA VAT ,ASSISTANT REG RAR
,TRUE COPY//
SECTION OFFICER
To,
HIGH COr.l]il'
GSD,J
DATE: 20-1-2020
ORDER
cRr.P. NO.31e OF 2020
BAIL
::
LI IAL
?0un:/w Ee
*
1 issue framed by the court
Whether the petitioner is entitled to bail in a case involving offences under Sections 448, 307 and 34 IPC.
2 provisions across 2 enactments
Gaddam Appi Reddy
The State of Telangana
G. Sri Devi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
