Disposed

The State of Telangana v. Chandapuri Ganesh and another

Telangana HC26 Aug 2021CRLP/5673/2021

Case brief

AI extract

What is this about?

The High Court of Telangana heard a petition to cancel bail granted to two accused persons involved in communal violence. Instead of cancellation, the court modified bail conditions, requiring registration with police, prohibition on similar offences, restrictions on movement, and personal appearance in court.

What did the court decide?

The Criminal Petition was disposed of with modified bail conditions: appearance before SHO every Friday, prohibition on similar offences, no interference with investigation, no movement within 20km of

The State of Telangana Vs Chandapuri Ganesh and another — Bail and Remand | Telangana HC (2021)

¶1

IN THE HIGH COURT FOR THE STATE^{OF TELANGANA}

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AT HYDERABAD

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THURSDAY, THE TWENTY SIXTH DAY OF^AUGUST TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HONOURABLE JUSTICE G. SRI DEVI

¶6

CRIMINAL PETITION NO: 5673 OF²⁰²¹

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Between:

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The State of Telangana, through the Circle^{lnspector of Police, BhainsaRural} Circle, The Public Piosecutor, High^{Court for the State of Telangana.}

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...PETITIONER/RESPONDENT

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AND

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Chandapuri Ganesh, S/o Anand Rao,^{Age.20 Years, Caste Lingayath,Occ:Auto} Driver Fi/o Kunta Area , Bhainsa Mandal,^{DistrictNirmal.}

¶12

Bhainwad Omkar, S/o Pramod, Age.^{19 Years, Caste Golla, Occ: Fast food} centre Rl/o 3-4-130/33, Bail Bazar,^{Bhainsa, District Nirmal}

¶13

...RESPONDENTS

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Petition under Section 439(2) of Cr.P.C^{praying that in the circumstances} stated in the Memorandum of Grounds^{of Criminal Petition,the High Court maybe} pleased to cancel the bail granted to the accused vide orders dated.06lO7l2o21 passed by the Hon'ble Vll Additional District and Sessions Judge^{(FTC)' Nirmal in} Crl.M.P.No.320 ol 2021^,

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This Petition coming on for hearing, upon^perusing the^{Memorandum of} Grounds of Criminal Petition and upon hearing^{the argumentsof the Assistant} Public Prosecutor on behalf of the Petitioner and none appeared^{for the Respondent} Nos.1 & 2.

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The Court made the following: ORDER

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HONOURABLE JUSTICE^{G. SRI DEVI}

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CRIMINAL P ETITION^NO.5 3 oI 2021

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ORDER:

¶20

This Criminal Petition, under^{Section 439(2) of the Code of Criminal} Procedure, 1973, is filed^{by the petitioner-State seekingto cancelthe bail} granted to respondents/A-4 and A-5^{vide order dated06.07 .2021 in} Crl.M.P.No.320 of 2021^{in Cr.No.13 ot 2021 on the file of Vll Additional} District and Sessions^{Judge (FTC),Nirmal.}

¶21

Heard learned Assistant^{Public Prosecutorfor the petitioner-State'} Though notice has been^{servedon the respondents,none appearson} their behalf.

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ln the affidavit, it is^{stated that the respondents were involvedin} other 3 criminal cases on^{the file of BhainsaPolice Station registeredfor} similar offences. lt is^{further stated that in Bhainsa Town,there is horrible} situation and the^{general publicare underfear due to violent activitiesof} communal elements^{as several accused were repeatedly committing the} offences by damaging the^{properties including essential commodities/food} grains and also insulting the women with evil intention-^{lt is further stated} that the Court below failed to^{considerthe fact that if the respondentsare} released on bail, there is an^{imminent danger to the lives and properties of} the victims.

¶23

At the hearing, learned Assistant^{Public Prosecutor submits that as} the respondents were already^{releasedon bail, insteadof cancellationof} bail, some stringent conditions^{may be imposed against themin order to} secure their^presence for the^{purposeof fair investigation.}

¶24

Having regard to the facts^{and circumstancesand in the light of the} submission made by the learned^{Assistant Public Prosecutor,it would be}

¶25

¶26

appropriate to modify the conditions^{imposed by the Court below, except} condition No.(a) of^paragraph No.8 of the^{impugned order, and impose the} following conditions, instead of condition^{Nos.(b) to (e) of paragraphNo.8} of the impugned order, on the^{respondents,as imposed earlierby this} Court while granting bail to the accused^{in similaroffences.}

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(i) That the respondents/A-4 and^{A-5 shall appear beforethe} Station House Officer, Adilabad^{I Town Police Station,on every} Friday between 09.00 am and 05.00^{pm till completion of} investigation and filing of final^report;

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(ii) That the respondents/A-4 and A-5 shall^{not indulgein similar} type of offencesⁱⁿ future^{and if it is found that they are indulged} in stmilar type of offences in future,^{liberty granted to themshall} automatically stand cancelled^{and they would be taken into} custody forthwith without^{issuing any notice or warrant;}

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(iii) That the respondents/A-4 and A-5^{shall not interfere with the} investigation, intimidate or^{induce the prosecutionwitnesses} and shall cooperate with the investigating^agency;

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(iv) That the respondents/A-4 and A-5 shall^{not move within 20 km} radius of the Place of occurrence;

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(v) That the respondents/A-4 and^{A-5 shallnot misuse theliberty} granted to them; and

¶32

("i) That the respondents/A-4^{and A-5 shall appearbeforethe Court} concerned^personally on^{each date of hearingtill conclusionof} trial.

¶33

With the aforesaid modification,^{the Criminal Petition is disposed of}

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Miscellaneous applications,^{if any, pending in this criminalpetition}

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shall stand closed

¶36

SD/-B.SATYAVATHI ASSISTANT REGISTR R //TRUE COPY' t,/

¶37

SECTION OFFICER

¶38

To,

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The Vll Additional District and Sessions Judge^{(FTC), Nirmal,AdilabadDistrict.}

¶40

The Judicial First Class Magistrate, Bhainsa,^{AdilabadDistrict.}

¶41

J. The Station House Officer, Adilabad^I Town^{Police Station,P.S. Kubeer,} Adilabad District.

¶42

cd"'f

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The Superintendent, District Jail, Adilabad.

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Two CCs to the Public Prosecutor, High Court^for the^{State of Telanganaat} Hyderabad. [OUT]

¶45

6 Two CD Copies 7 One Spare Copy s br

¶46

HIGH COURT

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DATED: 2610812021

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¶49

ORDER

¶50

CRLP.No.5673 of 2021

¶51

DISPOSING OF: THE CRIMINAL PETITION

¶52

¶53

The State of Telangana v. Chandapuri Ganesh and another

Case brief

What is this about?

What did the court decide?

The State of Telangana v. Chandapuri Ganesh and another

Case brief

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What did the court decide?

What the court decided

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