Allowed

Burra Srinivas Goud v. The State of Telangana

Telangana HC3 Aug 2021CRLP/4305/2021

Case brief

AI extract

What is this about?

The High Court allowed a criminal petition under Section 439 Cr.P.C. for bail for two petitioners accused of murder and theft under IPC and POA Act charges. Considering that the investigation was completed and the charge-sheet filed, the Court granted bail subject to personal bond and specific conditions.

What did the court decide?

Petitioners directed to be released on bail on executing personal bond of Rs. 50,000 each with two sureties of like sums.

Burra Srinivas Goud Vs The State of Telangana — Caste Atrocities | Telangana HC (2021)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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TUESDAY, THE THIRD DAY OF AUGUST

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TWO THOUSAND AND TWENW ONE

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:PRESENT:

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THE HONOURABLE JUSTICE G SRI DEVI

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CRL,P. NOr 4305 OF 2021

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Between:

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Burra Srinivas Goud, S/o. Late Pailaiah,

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Maaligeli Nagur Basha, S/o Takedheer Basha

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Petitio n e rs

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AND

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The State ofTelangana, Rep. by its Public Prosecutor, High Court at Hyderabad Through Station House Officer, Sanath Nagar Police Station, Hyderabad

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Vaddadi Prakash Rao S/o Late Appanna, R/o H No.8-2-269119/205, Near Green Bawarchi Hotel, Indiranagar, Banjara Hills, Hyderabad

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As per Court Order dated 29.06.2021 in IA No.1 of 2027 in Crl.P. No.4305 of

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2021, Respondent No.2 implead{

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..,. Respondent /Complainant

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Petition under Section 439 of Cr.P.C. praying that in the circumstances stated in the petition flled herein, the High Court may be pleased to enlarge the petitioners on Bail pursuant to crime in FIR No. 537 of 2019 on the file of Sanath Nagar Police Station, Hyderabad.

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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 Sri I V Radhakrishna I.4urthy, Advocate for the Petitioners, and of Assistant Public Prosecutor for the respondent, the Court made the following.

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ORDER

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ttr

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THE HONOURABLE IUSTICE G. SRI DE'I

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CRL.P.No.4305 of 2027

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oRDElt:

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This Criminal Petition, under Sections 437 and 439 of the Code of Criminal Procedure, 1973, is filed by the petitioners/A-1 and A-2 seeking to grant bail to them in connection with Crime No. c37 o{ 201.9 of Sanath Nagar Police Station, Hyderabad, which was registered for the offences punishable under Sections 302 and 379 of I.P.C. and Section 3 (2) (v) of the Schedulecl Castes anrl Scheduleci 'fribes (Prevention of Atrocities) Act.

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The case of the, plosecution, in brief, is that the deceasecl Sundaramma, agecl alrout 80^years, n,as Iiving alor-re Ln her own house situated at Shivaji Nagar, Bolabanda. The petitioners/ accused used to take female sex workers to the house of the deceased., enjoy them sexually and give some money to the deceased for allowing prostitution in her house. On 04.11.2019 at about 8.00 P.M., the petltioners, u,ho are the property offenders, went to the house of the deceased and told her that they would come again with prostitutes in the midnight and requested her not to latch the doors. Believing tht'ir version to be genuine, the cleceased slept ir-r the house kceping rloors unlatchecl. At about 00.00 hours on that night, the petitioners entered into the house of the deceased and while the deceasecl was fast asleep in her cot, the .15t petitioner beat lrer or-r the head n,r tl-r pestle and the 2,,,.r petitioner

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\ eb

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smothered her with pillow, resulting in her death and thereafter they had committed theft of ear rings, leg chains, four gold bangles and fled away n,ith the booty

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Though notice served on the 2nd respondent, none appeared on his behalf. Hence, heard learned Counsel for the petitioners; learned Assistant Public Prosecutor appearing for the 1.t respondent-State and perused the record

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Lean-red Counsel for the petitioners would submit that the petitioners arr: ir-rnocent ancl thev have been falselr. irnplicateci in this case arrd thev ale in no wav conrlected with the allegecl offence and that the1, 3vs in judicial custody since 30.11.2019. He further sutrmits that entire investigation has Lreen completed and the police filed charge sheet on 30.03.2021. FIe also submits the petitioners are the sole bread earners of their family; the petitioners are having fixed abode and as such there is no possibility of the petitioners to flee away nor would they tamper the evidences or witnesses as the entire investigation has been completed. It is further submitted that the petitioners ale readl,to abide by any conditions that mav be imposecl in tl-re event of their enlargement or-r bail.

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Lealned Assistant Public Prosecutor would submit that the petitioners are habitual offenders and they are inr.,olved in several offences ir-r Anclhra Pradesh as lvell as Telangana and if they were

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granted bail, there is every possibility of committing similar offences. Therefore, prayed to dismiss the Criminal Petition.

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A perusal of the material on record would show that entire investigation has been completed and the police fileci charge sheet Thus, looking into nature of allegatiorrs levellecl against the petitioners and considering the fact that the petitioners are ln judicial custody since 30.11.2019, without adverting into the merits of the. same, I am irrclined to grant bail to the petitior-rcrs herein.

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Accorclingly, the Crirninal Petition is allou,ed and the petitioners are directed to be released on bail, subject to the f ollowing ten-ns anc'l conditions

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(i) The petitioners shall be released on bail on their executing personal bond to the tune of Rs.50,000/(Rupees Fifty Thousand only) each with two sureties for a like sum each to the satisfaction of the XI Metropolitan Magistrate, Kukatpallv, Cyberabad.

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(ii ) The petitioners shall not indulge in sir.rrilar type of offences in f uture.

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(i ii) The petitioners shall not misuse the libertl, granted to them.

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(i") The petitioners shall appear before the Court concernecl on every date of adjournment, without fail.

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(") The petitioners shall not directlv or inrlirectly make any inducement, threat or promise to any

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<br>

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persoll acquainted with the facts of the case so as to dissuade him from disclosing such fact before the Court.

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5D/- V.SUDHA

/$SISTATIT

/ /TRUE^COPY //

SECTIO OFFICER

To1, The Spl. Sesslons Judge for Trial of Cases Under SCs & STs (POA) Act cum VII Addl. District & Sessions Judge, Ranga Reddy District at L.B.Nagar 2. The XI Metropolitan Magistrate, Kukatpally, Cyberabad

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The Superintendent, Rajahmundry Central Prison, Rajahmundry 4. The Superintendent, Cherlapally Central Jail, Hyderabad

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The Station House Officer, Sanath Nagar Police Station, Hyderabad 6. Two CCs to the Public Prosecutor, High Court at Hyderabad (OUT) 1. One CC to Sri I V Radhakrishna Murthy, Advocate (OPUC) 8. One spare copy.

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HIGH COURT

GSD,J

DATED: 03.O8.2021

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,il
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ORDER:

CRLP, NO: 43OS ol 2OZt

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BAIL

Burra Srinivas Goud v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Burra Srinivas Goud v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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