Allowed

Madireddy Srinivas Reddy, v. Tejawath Tukya

Telangana HC17 Dec 2021CRLP/5351/2021

Case brief

AI extract

What is this about?

The High Court allowed the criminal petition seeking cancellation of anticipatory bail granted to accused Nos. 1 to 4. The Court held that the accused failed to comply with surrender conditions and subsequently committed another offence, making it appropriate to cancel the bail.

What did the court decide?

Cancel the bail granted to Respondents 1 to 4 in order dated 26.02.2021 in Crl.P. No. 1171 of 2021; close pending miscellaneous applications.

Madireddy Srinivas Reddy, Vs Tejawath Tukya — Bail and Remand | Telangana HC (2021)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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FRIDAY, THE SEVENTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY ONE

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1 PRESENT

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THE HONOURABLE SMT JUSTICE LALITF|A KANNEGANTI

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CRIMINAL PETITION NO: 5351 OF 2021

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Between:

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Ivladireddy Srinivas . Redgy, S/o. IValla Reddy, aged about 50 years, Occ.Business, Rl/o.H.No. 17-4-351, Godavari Khani, Tilaka Nagar, RamagJndam District.

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Katkuri JayqOal Reddy, S/o. lrlalla Reddy, aged about 46 years, Occ. Business, F/o. 9-4-620, Saptagiri Colony, Karimnag-ar T-own, Karimnalar District.

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...Petitioners/Defacto Complainants

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AND

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Tejawath Tuky1, S/o. Ranjith, Aged about 64 years, Occupation. Agriculture, R/oGangaram Thanda - Grampanchayath, Kodimial Manrjal, Jagity;l District.

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2 Tejawath L_axmi, W/o, Tejawath Tukya, Aged about 58 years, Occupation. House yifg,. ryo Gangaram Thanda Grampanch-ayath, Kodimi- l Mandal, Jagityal District.

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Tejawath Ramesh, S/o. Tejawath, Aged about 35 years, Occupation. Agriculture, Fl/o. Gangaram Thanda - Grampanchayath, Kodimial tMandal, Jagityal district.

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Tejawath Rajya, S/o. Teiawath Tukya, Aged lbout 30 years, 9ccupation.Agnc!lturg,^{R/o.Gangdram ThandaGramfanchayath,Kodimiat} Mandal, Jagityal District.

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... Respondents/Accused

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The.State of.Telangana, represented by the Public prosecutor, Through police Station, Kodimial, Jagityal District.

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... Res po n denURes pondenUCom plainant

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Petition under Section 439 (2) 482 ol 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 Anticipatory Bail granted to the Respondents / Accused 1 to 4 herein in the order dated 26-02-2021 made in CRL.p. No. 1171 of 2021 .

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This Petition coming on for hearing, upon perusing the [Vlemorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri A. BHASKARA oHARY, Advocate for the Petitioner and the Assistant^public prosecutor on behalf of the Respondent No.5 and of Sri N. NAGARJUNA REDDY, Advocate for the Respondent Nos.'1 to 4

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The Court made the following: ORDER

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TIIE HO] i'BLE SMT. JUSTICE LALITHA KA]{NIIGANTI

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CRIMINAL PETITION No.5351 of 20'.Ll

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ORDER:-

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This petir ion is filed by petitioners under Sections a39e) and 438 of Code of the⁽ lriminal Procedure, 1973 (for short^,Cr.I,.C.,) seeking cancellation of bail granted to respondent Nos.l to 4lA.l to A.4, in the order dated 26.( 2.2021, in Crl.P.No.1 171 of 2021 in Crirne No.12 of 202i of Kodimial Po ice Station, for the ofl'ences punishable under Sections 420, 465,468,471, +27,447 and 506 read with 34 of the Indian penal Code, 1860.

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2 Heard M'.A.Bhaskara Chary, learned cor-rnsel for the petitioners, Mr,R.Nagarjunr Reddy, learned counsel for respondent Nos.l to 4, and Assistant Publi; Prosecutor appearing for respondent No.5-Stated and perused the mat rial on record.

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While grr nting bail on 26.02.2021, this Court directed respondent Nos.1 to 4lA.l to A.4 to sunender before the Station House Offlcer, Kodimial Policr Station, Jagtial District, within a period of 15 days from the date of or, er and on such surrender, the Station House Officer, Kodimial Police Station, shall release A. I to A.4 on bail on their executing a personal bond for a sum of Rs. 15,000/- each rvith nvo rsureties for a like sum each to the satisfaction of the said Station House Officer. On such release, A.1 to .4 shall attend before the said Station House Officer on every 3'd Saturdry between 10:00 a.m, and 02:00 p.m., lill completion of

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LK, J Crl.P.No.535lof202t

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investigation and shall abide by the conditions stipulated in Section 43g(2) Cr.P.C. and cooperate with the Investigating Officer in conducting investigation.

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4' The present petition is fired seeking cancelration of bail granted to A.1 to A.4 on two grounds. one is A.r to A.4 are not attending the before the Station House offlrcer, as directed by this court, and the other is after granting pre-arest bail, A.1, A.3 and A.4 along with six others tried to attack one P.Peddi Reddy, one of the witnesses in Crime No.12 of 2021, basing on the complaint, police registered a case in Crime No. 1 14 of 202r for the offences under Sections 307,324 and 506 read r.r,ith 149 I.p.C.

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5' Learned counsel for the petitioners (ubmits that the complainant thelein have sustai,ed injuries an<l filed IvILC record before this court. I{e subnrits that having obtained barl, rvithcur cornpliance of the conditions imposed by this Court, A.1 to A.4 fi;rther inclulged in another crime. Hence, learned counsel prayed to cancel the bail granted to A.1 to A.4.

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Learned counsel for respondent Nos.l to 4/A.1 to A.4 submits that petitioners are land mafia and in that process of settling the disputes, the petitioners gave a complaint, which is registered as crime No.114 of 2021. He submits that A.l to A.4 are cornplying with the conditions imposed by this Court. After filing ol complaint in Crime No. 1 l4 of 2021 , A.l to A.4 could not appear bef-ore the Policc, siuce they u,ere arrestecl about 40 days back. It is subrnitted that the peririone's have not made out any ground for

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LK, J ()l.P.No.535l of202l

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t(.

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cancellation of be .l granted to A.1 to A.4. Hence, this petition deserves to be dismissed.

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On the oth, r hand, leamed Assistant^{public prosecutor} submits that A.1 to A.4 appee:ed before the police on 15.05.2021 and afi.er that they failed to appear refore the Police. Investigation is also pending. He submits that A.1 t I A.4 were arested rn the other crime about 40 days back and they failed tr comply with the conditions imposed bv this Court on 26.02.2021. He I rrther submits that after granting pre-ar.rest bail, another crime was regist( red against A.1 to A.4, which is numbered as Crime No.l14 of 2021.

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Looking at .he material placed before this Court ancl the conditions imposed in Crl.P.l Io. 1 171 of 2021 , aatea ZA.6Z.ZO21 , it appears that A. I to A.4 failed to coml ly with the conditions and they also involverl in another crime i.e., Crime Jo.114 of 2021. Hence, this Court deems it appropriate to cancel the bait iranted by this Court on26.02.2021 in C:l.p.No. 1171 of 202t.

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9 Accordingll , this criminal petirion is allorved b1, cancelling the bail granted by this Co ut, dated 26.02.2021 in Crl.p.No. I 17 I of 2021.

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Consequent y, miscellaneous applications pending, if any, shall stand closed.

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SD/.T.JAYASREE ASSISTANT REGISTRAR!//TRUE COPY//

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SEC'IION OFFICER

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\ To,

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1 The ll Additional , udicial First Class Magistrate, at Jagitial. 2 The Station Hous r Officer, Kodimial Police Station, Jagtial^District, 2 Two CCs to the A ;sistant Public Prosecutor, High Court for thr: Sti:te of Telangana, at Hy erabad [OUT]

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4 One CC to SRI A BHASKARA CHARY,^Advocate [OPUC]

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5 One CC to SRI R NAGARJUNA REDDY,^Advocate [OPUC] b Two CD Copies MtUK wb-

HIGH COURT

DATED:1711212021

ORDER

CRLP.No.5351 ol 2021

4 <br>.{
/;
1 B llt:l ?il''2
Ii

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ALLOWING TH E CRIMINAL PETITION

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Madireddy Srinivas Reddy, v. Tejawath Tukya

Case brief

What is this about?

What did the court decide?

Madireddy Srinivas Reddy, v. Tejawath Tukya

Case brief

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What did the court decide?

What the court decided

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