Allowed

Thati Jaya Prakash , Yesunadham v. State of Telangana

Telangana HC22 Feb 2021CRLP/1048/2021

Case brief

AI extract

What is this about?

Hearing a criminal petition for bail under Sections 437 and 439 Cr.P.C., the High Court granted bail to the petitioner, an accused in a Lathi Charge case, subject to personal bond, sureties, and specific reporting conditions.

What did the court decide?

Petitioner released on regular bail upon executing a personal bond of Rs. 15,000 with two sureties for a like sum each, and complying with specified reporting and conduct conditions.

Thati Jaya Prakash , Yesunadham Vs State of Telangana — Bail and Remand | Telangana HC (2021)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONDAY, THE TWENTY SECOND DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE

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:PRESENT:

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THE HONOURABLE JUSTICE G SRI DEVI CRIMINAL PETITION NO: 1048 OF 2021

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Between:

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Thati Jaya Prakash @ Yesunadham, S/o. Vesli Vedanayakam @ Vesli

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...Petitioner/Accused No.5

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AND

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State of Telangana, Through SHO, PS Khammam rural, Rep. By its Public Prosecutor High Court of Judicature at Hyderabad for the State of Telangana.

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,..RespondenUComplainant

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Petition under Section 437 and 439 of Cr.P.C, praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioner/ Accused No.5 on Regular Bail in Crime No.31 of 2021 on the file of SHO, Khammam Rural Police Station, Khammam District and release the Petitioner/ Accused No.5 on such terms and conditions. -

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The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of M/s G. RAVICHANDRA SEKHAR Advocate for the Petitioner and of PUBLIC PROSECUTOR for the Respondent, the Court made the following.

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ORDER:

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TTIE HONOURABLE JUSTICE G. SRI DEVI

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(]RIMINAL PETITIO N No.1O48 of2O2l

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ORDER:

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This Criminal Petition, under Sections 437 and 439 o[ the Code of Criminal Procedure, 1973, is fi1ed by the^{petitioner/A.S} seeking to grirnt bail to him in connection with Crime No.31 of 2O2l on the file of Khammam Rural Police Station, Khammam District, registered for the offences punishable under Sections 147, 148,294(bl,324,3O7 and 5O6 read with Section 149 IPC.

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Heard learned counsel appearing for the^{petitioner/A.5,} Learned Adc.itional Public Prosecutor appearing for the respondent-St.rte and perused the record.

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Learned counsel for the petitioner would submit that the petitioner did not commit any offence as alleged by the police and the petitioner is innocent of the offences; that the petitioner is doing agricultlrre activities and at the time of alleged offence, he is not holding arry deadly weapon and no weapon is recovered from his possessio.n; that the police have falsely implicated the petitioner in the present case to do favor to the de facto complainant; that the petitioner also gave complaint against the de facto^{complain,lntand others for alleged criminal trespassinto the} land of the prt:sent petitioner and also abusing the petitioner in filthy language ; that there are cases and counter cases pencling each other; that this Court has already granted bail to Accused Nos.1 to 3 and 7 in Crl.P.No.1005 of 2021, dated 19.O2 2021 and ultimately, pra',,ed to grant bail to the present petitioner.

Learned Assistant Public Prosecutor vehemently opposed the bail application.

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Having regard to the facts and circumstances of the case and looking into the nature of allegations levelled against the petitioner/A.5; that cases and counter cases are pending between the parties and that the petitioner is in judicial custody since 27.O1.2021,1 am inclined to grant bail to the petitioner/A.5.

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The Criminal Petition is allowed and the petitioner/A.s is directed to be released on bail, subject to the following terms and conditions:

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(i) The petitioner/A.S shall be released on bail on his executing a personal bond to the tune of Rs. 15,000/(Rupees fifteen thousand only)each with two sureties for a like sum each to the satisfaction of the II Additional Judicial First Class Magistrate, Khammam. (ii) On such release, the petitioner/A.5 shall appear before the Investigating Officer on 2nd Saturday of every month between 1O.00 AM to 2.00 PM., till completion of investigation or filing of the charge sheet, whichever is earlier.

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(iii) the petitioner/A.5 shall appear before the Court concerned personally on each date of hearing till conclusion of trial.

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(iv) the petitioner/A.5 shall not tamper with the prosecution witnesses;

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(v) the petitioner/A.5 shall co-operate with the investigating agency.

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(vii) the petitioner/A.s shall not misuse the liberty granted to them. If he is indulged i4 siqrilar type of activities in future,

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liberty granted to them shall stand

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cancell t:d automatically.

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Miscellzrneous petitions, if any, pending shall stand

closed.

sD/- V.SUDHA

ASSISTANT REGISTRAR

//TRUE COPY//

SEC N OFFICER

To,

'l . The ll Additional Judicial First Class Magistrate at Khammam.

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The Principal Sr:ssions Judge, Khammam.

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The S.H.O., Khammam Rural Police Station, Khammam District.

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The Superinten(jent, District Jail, Khammam.

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One CC to M/s G RAVICHANDRA SEKHAR, Advocate tOPUCl.

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Two CCs to PIJBLIC PROSECUTOR, High Court for the State of Telangana at Hyderabad [OUT].

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One spare copy ZEE

HIGH COURT

GSDJ

DATED:22l0212021

ORDER

\ iau(^f,

CRLP.No.1048 o12021

2lFEat

BAIL

Thati Jaya Prakash , Yesunadham v. State of Telangana

Case brief

What is this about?

What did the court decide?

Thati Jaya Prakash , Yesunadham v. State of Telangana

Case brief

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What did the court decide?

What the court decided

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