Allowed

Manchala Sampath Kumar v. The State of Telangana

Telangana HC3 Mar 2021CRLP/200/2021

Case brief

AI extract

What is this about?

The High Court allowed a Criminal Petition under Section 438 CrPC granting anticipatory bail to Manthala Sampath Kumar in a case registered under Sections 306 IPC and Section 3(2)(va) of the SC/ST Act, noting lack of specific allegations against him. Bail granted subject to surrender and conditions.

What did the court decide?

Anticipatory bail granted subject to surrender within 15 days on a personal bond of Rs. 25,000 with two sureties and appearing on Saturdays.

Manchala Sampath Kumar Vs The State of Telangana — Caste Atrocities | Telangana HC (2021)

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[31s8 |

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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WEDNESDAY. THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY ONE

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:PRESENT:

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THE HON'BLE JUSTICE G.SRI DEVI

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CRIMINAL PETITION NO: 200 OF 2021

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Befween:

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Manchala Sampath Kumar, S/o. late M.Narsimha Ramulu

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Petitioner/Accused No.2

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..\ I)

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I . The State of Telangana, Rep. by the Public Prosecutor, High Court at Hyderabad. RespondenUComplainant

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D. Sangam Prasad, S/o. Ramana, Occ: Watchman. R/o. Lake View Apartment, Vaishalinagar, Manjeera Pipeline Road, Madeenaguda, Miyapur, Sherilingampalll, I\landal. Ranga Reddl District

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Respondent/Complainant

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Kalagatha Janaiah (@, Jannu. S/o. Muralikishna Kumar. fuo. H.No. 1-7, Gubbalavari Ciroup, Mandal Office Road. Malikipuram Village and Mandal, East Godavari District. .\ndhra Pradesh State.

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(R2 is formal party)

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Respondent//LW-5(Deceased Brotl.rer)^/

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Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in thc petition and the grounds filed therein, the High Court may be pleased to release the Petitioner on bail in the event of his arrest in Crime No. 1338 of 2020 of P.S., Miyapur, Cyberabad Commissionarate, Ranga Reddy District on such terms and conditions as the Hon'ble Court may deem fit in the interest ofjustice.

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The petition coming on for hearing, upon perusing the Petition and the grounds tiled therein and upon hearing the arguments of Sri P.Animi Reddy, Advocate for the Petitioner, and of the Asst. Public Prosecutor, for the Respondent No. l, the Court made the following.

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,,\

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THE HONOURABLE JUSTICE G. SRI^DEVI

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CRIMINAL PETITION No.200 of 2021

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9EDEB:

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This Criminal Petition, under Seclion 438 of the Code^{of Criminal} Procedure, 1973, is filed by the^{petitioner/A2} seeking^{to grant anticipatory} bail in the event of his arrest in Cr.No.133B of 2020^{on the file of Miyapur} Police Station, Cyberabad Commissionerate, Ranga Reddy District, registered for the offence^punishable under Section 306 IPC and under Section 3(2)(va) of SCs & STs^(POA) Act, 1989.

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Heard learned counsel for the^{petitioner/A2,} learned Assistant Public Prosecutor appearing for the respondent-State and^perused the record.

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Learned counsel for the^{petitioner/A2} would submit that the petitioner is brother of A1 and that the allegations made against him are false and incorrect as he did not commit any offence as alleged and he never abetted the deceased Priyanka to commit suicide. He further submits that even as per the remand report, the entire allegations are against A1 and there are no specific allegations against the petitioner to attract the alleged offences and that the petitioner is residing separately at Vanastalipuram and he never visited the house of A1 and the deceased and never interfered with their family affairs. He further submits that the deceased married Al without taking divorce from her first husband and that there is no information to petitioner about the marriage of A1. He also submits that the petitioner is a law abiding citizen and he is ready to abide by any condition that may be imposed by this Court in the event of his enlargement on anticipatory bail.

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

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As seen from the contents of FIR and the suicide note left by the deceased Priyanka, the entire allegations are against Al only, except

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stating that the cause of her committing suicide is Al , petitione rlA2 and some other person, but there is nothing on record to show that the petitioner is instrumental in committing suicide by the deceased. Thus, looking into the nature of allegations leveled against the petitioner, without adverting to the merits of the matter, I am inclined to grant anticipatory bail to the petitioner/A2.

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

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(i) The petitioner/A2 is directed to surrender before the Station House Officer, Miyapur Police Station, Cyberabad Commissionerate, Ranga Reddy 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^{petitioner/A2} on bail on his executing a^personal bond to the tune of Rs.25,000/(Rupees twenty five thousand only) with two sureties for the like sum each to his satisfaction.

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(ii) On such release, the petitioner/A2 shall appear before the lnvestigating Officer on every Saturday between 10.00 AM and 5.00 PM., till completion of investigation or filing of^{the charge} sheet whichever is earlier.

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(iii) The petitioner/A2 shall abide by the other conditions stipulated in Section 438(2) Cr.P.C.

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Miscellaneous applications, if any^{pendingin this criminalpetition,}

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shall stand closed.

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SD/. N. CHANDRASEKHARA^RAO ASSISTANT^REGISTRAR

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//TRUE COPYII

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SECTTO OFItCER

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To, 1. The^{special SessionsJudge for TrialofCasesunderSCs & STs (POA) Act cumVll} at L B'^Nagar'

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' eOOi.'Oit,ri.t and Sessions Judge' Ranga Rea$1 !r;tfct' 2. The^{Principal JuniorCivil lui!!' hrn nflf Adil' Metropolitan Magistrate'Kukatpally'}

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, ;il:ffilli;^{Houseofficer,PS Mivapur cvberabad commissionerate'Ranga Reddv} District.Two

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District.Two^{CCsto PublicProsecutor.Iligh court of lelanganaat Hyderabad (oUT)}

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i. .r. cC.^{Sri P.AnimiReddv' Advocate (OPUC)}

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(r. onc SPare CoPY

HIGH COURT

GSD..I

D.{TE:3-3-2021

ORDER

CRL.P. NO. 200 0F z02t

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0 3 r4An?ff{t

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PETITION ALLOWED

Manchala Sampath Kumar v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Manchala Sampath Kumar v. The State of Telangana

Case brief

What is this about?

What did the court decide?

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