Dismissed

The State of Telangana v. Yadallapalli Viswanadham , Azad

Telangana HC15 Dec 2021CRLP/2124/2020

Case brief

AI extract

What is this about?

The High Court dismissed a petition seeking cancellation of bail and suspension of bail orders. The court held that the respondent's antecedents and pending prior cases were not tenable grounds for cancellation as the bail had been granted with a personal bond and no new crime was registered.

What did the court decide?

Criminal Petition under Section 439(2) Cr.P.C. was dismissed; miscellaneous applications stood closed.

The State of Telangana Vs Yadallapalli Viswanadham , Azad — Bail and Remand | Telangana HC (2021)

¶1

HIGH COURT FOR THE STATE OF^{TELANGANA AT HYDERABAD}

¶2

WEDNESDAY,THE FIFTEENTH DAY^{OF DECEMBER}

¶3

TWO THOUSAND AND TWENTY^ONE

¶4

PRESENT

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THE HONOURABLE SMT JUSTICE LALITHA^KANNEGANTI

¶6

CRIMIN AL PETITION NO:2124 OF²⁰²⁰

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Between:

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The State of Telangana, through the Station^{House Officer, Laxmidevipally P.S , rep.} by The Public Prosecutor, High Court for the^{State of Telangana}

¶9

...PETITIONER/ RESPONDENT

¶10

AND

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Yadallapalti Viswanadham @ Azad, S/o. Chinnapapaiah,^{Age 42 years,Occ.} Agricultlre. Rl/o. Yadallapalli Gumpu Village^{of Yellandutvlandal, Bhadradri} Kothagudem District. Telangana State.

¶12

...RESPONDENT/ACCUSED No.2

¶13

Petition under Section 439(2) of Cr.P.C^{praying that in the circumstances} stated in the l\rlemorandum of Grounds of^{Criminal Petition,the High Court maybe} pleased to!y' cancel the bail granted to the accused vide Orders dt.^{21 .1} .2020ⁱⁿ Crl.lV.P.No.4312020 in Cr.No.136/2019^{passed by I Additional Judicial FirstClass} Magistrate, Khammam^.

¶14

l.A. NO: 1OF 2020

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Petition under Section 482 of Cr.P -C^praying that in the^{circumstancesstated} in the Memorandum of Grounds of Criminal Petition,the High Court^{may be pleased} to suspend the Orders dt.21 .2.2020^passed by the I Additional^{Judicial FirstCIass} I\4agistrate, Khammam in Crl.M.P.No.4312020 in Cr.No,136/201$^{pendingdisposal} of the criminal^petition.

¶16

This Petition coming on for hearing,upon^perusing the^Memorandumof Grounds of Criminal Petition and upon hearing the arguments of^{Assistant PUBLIC} PROSECUTOR (TG) ,Advocate for the Petitioner and of Sri .V. RAGHUNATH, Advocate for the Respondent No.2,

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The Court made the following: ORDER

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TTIE HON'BLE^{SMT. JUSTICE LALITHA KANNEGANTI}

¶19

CRIMINAL^{PETITIONNo.2l24 of 2O2O}

¶20

ORDER:

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This criminal^{petition is filed seeking cancellationof bail order} dated 21.01.2O2A^{in Cri.M.P.No'43 of 2O2O on the file of theI} Additional Judicial^{Magistrate of First Class' Khammam in Crime} No.136 of^{2019 of P.S Laxmidevipally'wheretly the Courtbelow} granted bail to^{the 2'd respondent on his executing a personal bond} for Rs. 10,00O/-^{with one surety to the satisfaction of the Court'}

¶22

Learned Assistant^{Public Prosecutor forpetitioner-State} submits that^{the respondent has got criminalantecedents and this} aspect^{was not consid.eredbv the Court below while granting bail'} On a^{query from the Court, he submits that no crime was regrstered} against the^{respondentafter his release in this case'}

¶23

Having heard^{the learned AssistantPublic Prosecutor'the} ground on which^{the prosecutionhas sought for canceilation of bail} is not tenable.^{Moreover, the respondenthas not involved ln any} other crime.^{Just because some cases are pending againstthe} petitioner, which^{are prior to registrationof the case'cannotbe a} ground to cancel^{the bail grantedto the 2"d respondent'}

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I ln view of the^{above, the criminal petition is dismissed'} As a sequel, all^{the penrling miscellaneousapplicationsshall}

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stand closecl

¶26

SD/-K.SAILESHI ASSISTANT^REGISTRAR //TRUE COPY// _SECTION OFFICER

¶27

¶28

The I Addltional^{Judicial First Class Magistrateat Khammam'} 2. iii" i1l,tr^ n"r*^{ijflicer,Laxmidevipait-vPolice station'Kothagudem} Two CCs^{to pubticprosecut"r,H[i'i"riii"i tr',,eState of relangana,at Hvderabad[oUT]} 4 one CC to SRl.^{V. RAGHUNATH,Advocate[oPUUl} 5 Two CD Copies 6 One Spare^CoPY CDL

HIGH COURT

l I I I 1

DATED:1511212021

ORDER

CRLP.No.2'124^{ot 2020}

¶35

'a 1 HE sIA )',::
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¶36

DISMISSING THE^{CRIMINAL PETITION.}

¶37

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The State of Telangana v. Yadallapalli Viswanadham , Azad

Case brief

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The State of Telangana v. Yadallapalli Viswanadham , Azad

Case brief

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The State of Telangana Vs Yadailapalli Viswanadham , Azad