In a criminal petition for anticipatory bail under Section 438 Cr.P.C., the High Court of Telangana allowed the petition. The accused was directed to surrender within 15 days for release on personal bond with sureties.
Grant of anticipatory bail. Directed to surrender within 15 days. Released on personal bond of Rs. 10,000 with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[31s8 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
TUESDAY, THE SECOND DAY OF FEBRUARY,.TWO THOUSAND AND TWENTY ONE
:PRESENT:
THE HONOURABLE JUSTICE G SRI DEVI CRIMINAL PETITION NO: 239 OF 2O2t
Between:
G. Srikanth, S/o. G. Venkateshwarlu,
Petitioner/Accused
AND
The State of Telangana, Rep. by Public Prosecutor, High Court of ludicature at Hyderabad for the State Of Telangana through S.I. of Police, Kushaiguda P.S.
Respondent/Complainant
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 enlarge the petitioner/Accused on bail in the event of his arrest in Crime No. 968 of 2020 on the file of P.S. Kushaiguda, Rachakonda Police Commissioner ate, pending investigation and trial
The petition coming on for hearing, uponperusing the Petition and the grounds filed in support thereof andupon hearing the arguments of SRI K ROHIT Advocate forthe Petitioner and the Additional PUBLIC PROSECUTOR forthe Sole Respondent, the Court made the following.
ORDER:
i I
HONOURABLE JUSTICE G. SRI DEVI C RIMINAL PETITION NO.239 OF 2O2I
ORDER:
This Crimi:ral Petition, under Section 438 of thetlodeof Criminal ProceCure, 1973(Cr.P.C.), is fi1ed bythe petitioner/ accused, for grant of anticipatory bail in Crime No.968 of 2O2O of P.S. Ktrshaiguda, RachakondaDistrict,registerect for the offences punishable under Sections 323 and 353 of theIndian Penal Code.
Heard the learned counsel for thepetitioner/ accused, the learned Additional Public Prosecutor representing the resp,tndentState and perusecl the record.
In the FIR, it i,s inter alia stated that the de facto complainant gave a complaint on 3O.12.2O2O stating that on the same day at 10.30 hours whilt: he was performing his duty for disconnection of non-paid service of electricity bill of one D.Ramarao, the petitioner/ accuse,l, who is tenant of D.Ramarao, assaulted with criminal force to <leter public servant from discharge of his duties, abused him in filthy language and also beat him. Hence, the complaint.
Learned co rnsel for the petitioner/ accused would submit that the petitioner is an innocent person and never committed any offence as alleged by the respondent-police. It is further submitted that the petitioner' is a law-abiding citizen and has nothing to do with the alleged offence. Further, he is ready to give sufficient sureties to the satisfaction of this Court to secure his presence on each and every dzrte of hearing to face the trial and also ready to abide by the terms and conditions if any that may be imposed by
2
I
this Court for his release. Hence, he prayed to grant anticipatory bail to the petitioner/ accused.
Learned Additional Public Prosecutor representing the respondent-State opposed to grant anticipatory bail to the petitioner/ accused.
Having regard to the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner/ accused on some conditions.
Accordingly, the Criminal Petition is allowed and the petitioner/ accused is directed to surrender before the Station House Officer, Kushaiguda, Rachakonda District, within a period of 15 days from the date of this order. On such surrender, the said Station House Officer shall release the petitioner/ accused on bail, on his executing personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties for a like sum each to his satisfaction. On such release, the petitioner/ accused sha1l also abide by the conditions stipulated in Section 438(2) Cr.P.C and cooperate with the investigating officer in investigating the case.
Miscellaneous applications, if any, pending shall stand
\
closed.
Ja--
SD/. T. KRISHNA KU R ASSISTAN EGI R SECTI FFICER
//TRUE COPY//
To, 1. The xvl Additionaltr/letropolitanSessions Judge cyberabadat tr/alkajgiri, Ranga Reddy District.
1, i*o CC" t" PUBLICPROSECUTOR,HighCourt at Hyderabad[OUT] frOnespareCoPY
HIGH COURT
GSDJ
DATED:0210212021
.4.'-' ..,i.=:
,i
1
irt\U
ORDER
CRLP.No.239 of 2021
BAIL
1 issue framed by the court
Whether to grant anticipatory bail to the accused praying for bail in event of arrest in a criminal case for assault on public servant.
2 provisions across 2 enactments
G. Srikanth
The State of Telangana, Rep. by Public Prosecutor
G. Sri Devi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
