Dismissed

The State of Telangana v. Yadailapalli Viswanadham , Azad

Telangana HC15 Dec 2021CRLP/2125/2020

Case brief

AI extract

What is this about?

The High Court dismissed a criminal petition seeking cancellation of bail granted to the accused. The Court held that prior criminal antecedents and pending cases do not justify cancellation if the accused is complying with imposed conditions and no new crime has been registered.

What did the court decide?

The criminal petition seeking cancellation of bail was dismissed and pending miscellaneous applications were closed.

The State of Telangana Vs Yadailapalli 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

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TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI

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CRIMINAL PETITION N O: 2125 OF 2020

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Between:

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The State of Telangana, through the Station House Officer, Gundala p.S., represented by The Public Prosecutor, High Court for the State of Telangana.

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....PETITIONER/ACCUSED

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AND

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Yadallapalli.Viswq.l.ad|rgm @ Azad. S/o. Chinnapapaiah, Age 42 years, Occ: Agriculture, Fl/o. Yadallapalli Gumpu Village of yellandu Mandat, Bhadradri Kothagudem District, Telangana State.

¶12

....RESPONDENT/ACCUSED NO.7

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Petition under sectron a39(2) of cr.p.c praying that in the circumstances stated in the Memorandum of Grounds of criminal petition, the High court may be pleased'to cancel the bail granted to the accused vide orders d1.30.3.2020, in crl.M.P.No.64l202o,in cr.No.33/2019, passed by V Additional District and Sessions Judge, Kothagudem.

¶14

l.A. NO: 1OF 2020:

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Petition under section 482 ol cr.p.c praying that in the circumstances stated in the Nrlemorandum of Grounds of criminal petition, the High court may be pleased to suspend the orders dt. 30.3.2020, passed by the V Additional District & Sessions Judge, Kothagudem, in Crl.M.p.No.64 12020 in Cr.No.33/2019. This Petition coming on for hearing,upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the argument, or ffiLgLrc PRosEcuroR (TG), counsel for the petitioner and sri v.RAGHUNATH, Advocate for the Respondent.

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The Court made the following: ORDER

,//

i I

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

¶21

CRIMINAL^{PETITIONNo.2125 of 2O2O}

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oRDER:

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This criminal^{petition is filed seekingcancellation of bail} order dated^{30.03.2020 in Crl'M'P'No'64 ol 2O2Oon the file of} the V Additional^{Districtand SessionsJudge'Kothagudemin} Crime No.33^{of 2019 of GundalaPolice Station'whereby the} Court below^{directed the accused to altend beforethe S'H'O' PS} Paloncha Rural,^{on every Sundaybetween8'00 a'm' and 5'OO} p.m. till filing of^{charge sheet or for a period of two months from} the date of^{their release, whicheveris eariier'The Cor'rrt below} lurther directed^{the accused to assistthe investigatingagencyto} comPlete^{the investigation'}

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2.LearnedAssistantPublicProsecutorforpetitioner-State submits that^{the responclenthas got criminalantecedents and} this asPect was not^{considered b]' tf'e Courtbelowwhile} granting bail.^{He submits that respondentis complying with the} I conditionsimposedbytheCour[below.onaqueryfromthe Court, he^{submits that no crimewas registered against the} respondent^{after his release in this case'}

¶25

Having heard^{the iearnedAssistantPublic Prosecutor'the} ground on which^{the prosecution has sought for cancellation of} bailisnottenable.Moreover,therespondenthasbeen compiying^{with the conditions imposed by the Court belowand} he has not^{involved in any other crime' Just becausesome} cases are^{pending againstthe respondent'which are prior to}

¶26

¶27

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registration of the case, cannot be a ground to cancel the bail

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granted to the respondent.

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In view of the above, the criminal petition is dismissed. As a sequel, all the pending miscellaneous applications

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shall stand closed.

¶32

SD/.K.ONESIM ASSISTANT REGIS RAR

//TRUE COPY//

sEcTtoN oFF|CER

To,

The court of V Additional District and Sessions Judge,Kothagudem,Khammam. 2. The Station House Officer,Gunadala p.S., Kothagudem,Khimmam. 3. 2 CC's to the Public Prosecutor,High Court for the State of Telangana at Hyderabad.

¶37

One CC to SRt. V.RAGHUNATF| Advocate tOpUCl

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Two CD Copies

¶39

One Spare Copy

PCSD

?TR /*'

HIGH COURT

DATED:1511212021

ORDER

CRLP.No.2125 of 2020

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¶47

Dismissing the Cnminal Petition.

¶48

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The State of Telangana v. Yadailapalli Viswanadham , Azad

Case brief

What is this about?

What did the court decide?

The State of Telangana v. Yadailapalli Viswanadham , Azad

Case brief

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The State of Telangana Vs Yadallapalli Viswanadham , Azad