Allowed

Bandaru Shivudu , Shiva v. The State of Telangana

Telangana HC6 Apr 2021CRLP/2368/2021

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to two applicants in a case involving offences under the Indian Penal Code and the SC/ST ( POA ) Act, subject to surrendering within 15 days and furnishing a personal bond with sureties.

What did the court decide?

Anticipatory bail granted subject to surrender within 15 days and execution of personal bond for Rs. 15,000 each with two sureties to the satisfaction of the Station House Officer.

Bandaru Shivudu , Shiva Vs The State of Telangana — Caste Atrocities | Telangana HC (2021)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA ATHYDERABAD

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TUESDAY,THE SIXTH DAY OF APzuL TWO THOUSAND AND TWENTY ONE -.

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;PRESENT;

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THE HONOURABLE JUSTICE G SRI DEVI CRIMINAL PETITION NO: 2368 OF 2021

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Between: //

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Bandaru Shivudu @ Shiva, Son of B.Anjanna

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Thigala Chandra Kala, Wife of T. Krishna

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Petitioner/Accused Nos. 2 & 3 ---

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AND

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The State of Telangana, Rep. by Public Prosecutor, High Court ofTelangana at Hyderabad.

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Gorla Swaroopa, D/o.Rathnaiah, Aged about 30 years, Occ-ANM in Infenility Private Hospital at Narayana Guda, Hyderabad, resident of 271353/1, Gandhi Nagar, Wanaparthy.

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Respondents

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Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to grant anticipatory bail to the petitioners/Accused No 2 and 3 in the event of their arrest in connection with Crime No. No. 142 of 2020 dated 2 1 .05.2020 on the file of Police Station Wanaparthy Town, Wanaparthy District ,.-

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The petition coming on for hearing, upon perusing the Petition and the alfidavit filed in support thereof and upon hearing the arguments of SRI J P SRIKANTH Advocate for the Petitioners, THE PUBLIC PROSECUTOR for the Respondents and the Court made the following.

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ORDER

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HONOURABLE JUSTICE G. SRI DEVI

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CRIMINAL PETITION N 0.2368 OF 2021

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ORDER:

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This Criminal Petition, under Section 438 of the^{Code of} Criminal Procedure, 1973^(Cr.P.C.), is^{filed by the petitioners/A-2} and A-3, for grant of anticipatory bail in^{Crime No.142 ol 2O2Oof} P.S. Wanaparthy Town, Wanaparthy District,^registerecl for^the offences punishable under Sections 376(2)(n),^{417 and 42O read} with Section 109 of the Indian Penal Code and Section 3(2)(v) of^the SCs & STs (POA) Act, 2015.

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Heard the learned counsel for the petitioners/A-2 and A'3, the learned Additional Public Prosecutor representing the respondent- State and perused the record.

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In the FIR, it is inter alia stated that the de facto complainant lodged a complaint on 21.05.2020 at 8.00 hours stating that A-1, under the guise of love and marriage, maintained physical relationship with her and when she put pressure for marriage, he told that the petitioners/A-2 and A-3 are not accepting as the de facto^{complainant belongs .to Madiga caste and on that she} attempted to commit suicide by swallowing 10 paracetamol tablets. Hence, the complaint.

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Learned counsel for the petitioners/A-2 and A-3 would submit that the petitioners are innocent persons and never committed any offence as alleged by the respondent-police. It is further submitted that the petitioners are law-abiding citizens and have nothing to do with the alleged offence. Further, they are ready to give sufficient sureties to the satisfaction of this Court lo secure their presence on each and every date of hearing to face the

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trial and also ready to abide by the terms and conditions if any that may be imposed by this Court for their release. Hence, he prayed to grant anticipatory bail to the petitioners/A-2 and A-3.

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Learned Additional Public Prosecutor representing the respondent-State opposed to grant anticipatory bail to the petitioners/A-2 and A-3.

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Lear4ed counsel for the petitioners relied on the decision of the Hon'ble Supreme Court in Prathvi Raj Chauhan v. Union of Indial wherein it is held as under.

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"The grant of a-nticipatory bail under S. 438 Cr.P.C. is barred in respect of offences under the 1989 Act - However, where pima facie case not made out, anticipatory bail can be granted in appropriate circumstances, with a cautious exercise of power - Ss.18 and 18-A of the 1989 Act have no application where prima facie case is not made out - However, for evaluating pima facie case, re-appreciation of evidence is not required."

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Having regard to the facts and circumstances of the case and considering the decision of the Hon'ble Supreme Court in Prathvi Raj Chauhan (1 supra), this Court is inclined to grant anticipatory bail to the petitioners/A-2 and A-3 on some conditions.

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Accordingly, the Criminal Petition is allowed and the petitioners/A-2 and A-3 are directed to surrender before the Station House Officer, P.S. Wanaparthy Town, Wanaparthy District, within a period of 15 days from the date of this order. On such surrender, the said Station House Officer shall release the petitioners/A-2 and A-3 on"baii, on their executing personal bond for a sum of Rs. 15,O00/- (Rupees fifteen thousand only) each with

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two sureties for a like sum each to his satisfaction. On such release, the petitionerslA-2 and A-3 shall also abide by the conditions stipulated in Section a38(2) Cr.P.C and co-operate with the investigating officer in investigating the case.

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Miscellaneous applications, if any, pending shall stand

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closed.

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sD/- T.NAGA^LAKSHXT AssrsrAH^P{EGL)IRAR

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//TRUE^COPY//

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S[,CTIO<sup>OFFICER

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To, 2.1. The il;;;;i;; Judicial iouse^{F irst Class} officer,^Magistrate -Police Station,^{at Wanaparthy} wanaparthv^'-- Town' wanaparthv District ----

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J. Or. CC to^{SRI.J P SRIKANTH AdvocateIOPUC]} '- 4. Two cc,s^{to PublicProsecutor, High court for the stateof Telanganaat} Hyderabad^(OUT) -- 5. One spare^coPY Avs

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HIGH COURT

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