Allowed

Shivaji,Kolikineni Shivaji v. The State of Telangana

Telangana HC8 Apr 2021CRLP/2509/2021

Case brief

AI extract

What is this about?

The High Court of Telangana granted anticipatory bail to the petitioner accused of assaulting the complainant. The Court noted discrepancies in the FIR registration timeline and lack of detailed injury particulars in the medical report, and ordered surrender and bond execution.

What did the court decide?

Petitioner granted anticipatory bail. Directed to surrender within 15 days and execute bond of Rs. 15,000 with two sureties.

Shivaji,Kolikineni Shivaji Vs The State of Telangana — Anticipatory Bail | Telangana HC (2021)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY ONE

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:PRESENT:

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THE HONOURABLE JUSTICE G SRI DEVI CRIMINAL PETITION NO: 2509 OF 2021

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Between:

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Shivaji @ Kolikineni Shivaji, S/o. Seetharamaiah

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...Petitioner/Accused

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. AND

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The State of Telangana, Rep. by its Public Prosecutor, High Court for the State of Telangana, High Court Buildings, Hyderabad.

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.,..RespondenUGomplainant

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Petition under Section 438 R/w 482 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 direct PS, Bachupally to enlarge the Petitioner on bail, in the event of his arrest in connection with Cr. No. 1 9/21 registered by PS, Bachupally.

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The petition coming on for hearing, upon^perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of M/s VIJAY B PAROPAKARI Advocate for the Petitioner and of PUBLIC PROSECUTOR for the Respondent, the Court made the following.

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ORDER:

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I \

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THE HONOURABLE JUSTICE G. SRI DEVI

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CRIMINAL PETITION No.2509 of 2021

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ORDER:

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This Criminal Petition, under Section 438 of the Code of Criminal Procedure.^'1973, is filed by the petitioner/A'l seeking to^grant anticipatory bail in the event of his arrest in Cr.No.'19 ol 2021 on the file of Bachupally Police Station, Cyberabad District, registered for the offences^punishable under Section 324 rcad with Section 34 lPC.

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Heard learned counsel for the petitioner/A1 , learned Assistant Public Prosecutor appearing for the respondent-State and^perused the record.

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Learned counsel for the petitioner/A1 submits that the petitioner is innocent of the alleged offences and that a false case has been foisted against him in order to eliminate the petitioner from the business. He further submits that no medical certificate was produced before the Court. He also submits that most part of the investigation is completed, except filing of the charge sheet. He also submits that the petitioner is a law abiding citizen and he has not involved in any criminal cases earlier to this crime 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 opposed the anticipatory bail application of petitioner.

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As seen from the contents of the remand report, the alleged occurrence has taken place on 08.01 .2021 at 10.30 Pl/., wherein it was stated that the petitioner/A1 and other accused have assaulled the defacto complainant with sticks, chair and alcohol bottle resulting bleeding injuries on his right side neck, right hand and shoulder. However, the complaint was lodged on 09.0'1 .2021 at 9.30 PM and FIR was registered on 09.01 .2021 at 1.30 Alt/. The medical report of Mamata Academy of Medical Sciences Hospital, Bachupally, shows that the patent was

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admitted by one Pavan in the said hospital on 09.01 .2021 at 01.02 AM, without being referred by the police and the nature of injury is mentioned as^'grievous' without giving any particulars of so called injury/injuries. Thus, looking into the nature of allegations leveled against the petitioner/A1 and considering the facts and circumstances of the case, without adverting to the merits of the case, lam inclined to grant anticipatory bail to the petitioner on some conditions.

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The Criminal Petition is accordingly allowed and the petitioner/A1 is granted anticipatory bail subject to the following terms and conditions:

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(i) The petitioner/Al is directed to surrender before the Station House Officer, Bachupally Police Station, Cyberabad 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/A1 on bail on his executing a personal bond to the tune of Rs.15,000/- (Rupees fifteen thousand only) with two sureties for the like sum each to his satisfaction.

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(ii) Further, the petitioner/A1 shall abide by the conditions stipulated under Section 438(2) Cr.P.C.

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Miscellaneous applications, if any^pending in this criminal^petition, shall stand closed.

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SD'. M.^MANJ ULA ASSISTANT^REGIST

//TRUE^COPY//

SECTION^OFFICER

To'

^.^{.r ,. ...,,^^ ,. ...,,^^ ...,,^^/-, rrn X rrn X X}^{Additional MetropolitanMagistrate}

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r The Additional Additional^{JuniorCivil Judge Cum Judge CumX} Sessions^{Judge' Ransa Reddv Districtat}

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, fi:'li'^:l:,"":;";"""o"ritan KukatPallY'

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^.^{.r ,. ...,,^^ ,. ...,,^^ ...,,^^/-, rrn X rrn X X} r The Additional Additional^{JuniorCivil Judge Cum Judge CumX}

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The^{S'H'O'' PS' Bachupally' Cyberabad'}

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One^{CC to M/sVIJAY B PAROPAKARI' Advocate [OPUCI'} PRosEcuroR'^{Hish court for the state of relansanaat}

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u l}3r"rtt"l"fJ.l+?'''

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One^{spare coPY} ZEE

HIGH COURT

GSDJ

vP,

DATED:08/0412021

ORDER

CRLP.No.2509^o12021

BAIL

Shivaji,Kolikineni Shivaji v. The State of Telangana

Case brief

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Shivaji,Kolikineni Shivaji v. The State of Telangana

Case brief

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