Allowed

Jungula Narsa Goud, And Another v. The State of Telangana

Telangana HC4 Mar 2021CRLP/1457/2021

Case brief

AI extract

What is this about?

In a criminal petition filed under Section 438 CrPC, the High Court of Telangana granted anticipatory bail to two petitioners accused of offences punishable under IPC Sections 452, 324, and 354. The proceedings arose from a property dispute involving alleged assault and injury.

What did the court decide?

Anticipatory bail granted to petitioners A2 and A4 subject to surrender within 15 days, appearance before Investigating Officer monthly, and execution of a personal bond with sureties.

Jungula Narsa Goud, And Another Vs The State of Telangana — Anticipatory Bail | Telangana HC (2021)

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t 31s81

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IN THE^{HIGHCOURTFOR THE IIITE OF TELANGANA}

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AT HYDERABAD

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THURSDAY,^{THE FOURTH DAY OF MARCH} TWO THOUSAND^{AND TWENTY ONE}

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,t'

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:PRESENT:

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THE HONOURABLE JUSTICE^{G SRI DEVI} CRIMINAL PETITION^{NO: 1457 OF 2O2L}

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Between:

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1, Jungula Narsa Goud, S/o. Venka^Goud, 2. Kotagiri Anantha Kishore @ Kishore, $/or'Anjaiah^Goud,. Petitioner/Accused

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AND

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The District, State represented of Telangana, by through Pu blic S.H.O.,Prosecarutor,^{. Metpally,} High Court^Jagtial at Hydera bad.

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Respondent/Complainant

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Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the grounds filed in the Criminal Petition, the High Court may be pleased toto grant anticipatory bail to the petitioners/Accused No, 2 and 4, by directing the S.H,O., P,S. Metpally, Jagtial District or any arresting officer to enlarge them on bail in the event of their arrest in connection with Crime No. 57 of 2021, of P,S. Metpally, Jagtial District, on such terms and conditions as this Honorable Court may deem fi!-and proper in the interest of^justice.

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The petition coming on for hearing, upon perusing the Petition and the grounds filed in support _lfeof and upon hearing the arguments of SRI K VENUMADHAV Advocate for the Petitioners and the Assistant PUBLIC PROSECUTOR for the sole Respondent, the Court made the following,

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ORDER:

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THE HONOURABLE JUSTICE G. SRI DEVI

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CRIMIN ALP ETITION No.1457 ot 2021

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ORDER:

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This Criminal Petition, under Section 43g of the Code of Criminal Procedure,^'1 973, is filed by the petitioners lA2 and 44 seeking to grant anticipatory bail in the event of their arrest in Cr.No.57 of 2021 on the file of Metpally Police Station, Jagtial District, registered for the offences punishable under Sections 452,324,354 read with Section 34 lPC.

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Heard learned counsel for the petitioners/A2 and 44, earned Assistant Public Prosecutor appearing for the respondenlstate and perused the record.

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Learned counsel for the^{petitioners/A2} and A4 would submit that there are no specific overt acts attributed against the^petitioners regarding any role played by them. He further submits that there are civil clisputes between the parties and that the father of the de-facto complainant has already filed a civil suit for^partition and in order to knock away the entire property, the present false complaint is filed against the petitioners. He further submits that the entire investigation' is completed, except filing of the charge sheet. He also submits that the petitioners are not having any criminal antecedents and they are law abiding citizens and ready to abide by any condition that may be imposed by this Court in the event of their enlargement on anticipatory bail.

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Learned Assistant Public Prosecutor vehemently opposed to grant anticipatory bail to the petitioners.

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According to the complaint, all the accused have attacked the defacto complainant and his family members with iron rods and spades etc., dragged them outside the house, thrown away the entire household

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articles and assaulted them with iron rods, due to which, the de-facto complainant received injury on his skull and little figure and that when the de-facto complainant's cousin, namely, Jangula Sagar, tried to rescue them, the accused also attacked him with iron rods resulting injuries on his head. The accused have also assaulted the wife of the de-facto complainant, due to which, she received injuries on her hands and shoulders and that they also assaulted ihe mother of the de-facto complainant.

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As seen from the injury certificates, the de-facto complainant has sustained three injuries, which are simple in nature and his wife has received only one injury on her forearm, which is also simple in nature and that all the injuries are alleged to have been caused by blunt object. Thus, in view of the nature of allegations leveled against the petitioners and the nature of injuries sustained by the de-facto complainant and his wife, and since there are civil disputes between the parties, lam inclined to grant anticipatory bail to the petitioners/ A2 and 44.

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The Criminal Petition is accordingly allowed and the petitioners/A2 and 44 are granted anticipatory bail subject to the following terms and conditions:

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(i) The petitionersl A2 and A4 are directed to surrender before the Station House Officer, Metpalli Police Station, Jagtial District, within a period of^'15 days from the date of this order and on such surrender, the said Station House Officer shall release the petitioners/A2 and 44 on bail on their executing a personal bond to the tune of Rs.1 5,0001 (Rupees fifteen thousand only) each with two sureties for the like sum each to his satisfaction.

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(ii) The petitioners/A2 and A4 shall appear before the lnvestigating Officer on S'd Sa-tJiOay of every month between

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10.00 AM and 12.00 PM., till completion of investigation or filing

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of the charge sheet, whichever is earlier..

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(iii) The petitioners/A2 and ,A4 shall abide by the other conditions

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stipulated in Section 438(2) Cr.P.C.

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B. Miscellaneous applications, if any pending in this criminal

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petition, shall stand closed.

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., I

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SD/- M.MANJULA

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ASSISTANT REGISTRAR / /TRUE^COPY / / ,,tY2)SECTIO4( OFFICER r

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To,

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1 The Judicial First Class Magistrate at Metpalli.

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2 The Station House Officer, P.S. Metpally, Jagtial District, 3 One CC to SRI. K VENUMADHAV Advocate IOPUC| 4 Two CCs to PUBLiC PROSECUTOR, High Court a{nfirabad. lourl 5 One Spare Copy -,'

lE-!-+-

HIGH COURT

GSDJ

DATED:04lO3 /^2O2l

ORDER

0I %rrn,

CRLP,No.1457^{ol 2O2L}

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BAIL

Jungula Narsa Goud, And Another v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Jungula Narsa Goud, And Another v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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