Allowed

Chinthapalli Kiran v. State of Telangana

Telangana HC4 Mar 2021CRLP/954/2021

Case brief

AI extract

What is this about?

A criminal petition under Sections 437 and 439 Cr.P.C. was filed by eight accused persons seeking bail in a case registered for offences punishable under Sections 448, 427, 323, 504, 506, 295, and 295-A IPC, read with Section 34 IPC and Section 3(2)(Va) of the SC & ST (POA) Amendment Act, 2015. The High Court allowed the petition and granted bail subject to conditions.

What did the court decide?

Petitioners/A-1 to A-8 released on bail execute personal bond for Rs. 15,000/- each with two sureties of a like sum. Conditioned appearance and conduct.

Chinthapalli Kiran Vs State of Telangana — Caste Atrocities | Telangana HC (2021)

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IN THE I{IGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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THURSDAY, THE FOURTH DAY OF MARCH

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TWO THOUSAND AND TWENTY ONE

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:PRESENT:

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THE HONOURABLE JUSTICE G SRI DEVI

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CRL.P. NO: 954 OF 2021

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Between :

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Chinthapalli Kiran, S/o Yadaiah.

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Surakarapu Pavan, S/o Jangaiah.

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Burela Mahesh @ Boorela Mahesh, S/o Peddiraju

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Mogilla Pavankalyan, S/o Laxaiah.

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Thimmisetti Vikram, S/o Laxaiah

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Naroju Ravindrachary, S/o Guruvaiah. ,

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Boinapally Anjaneyulu, S/o Yadaiah ,,

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Masna Naveen, S/o Prakash,

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Petitioner/Accused No.1 to 8

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AND

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State of Telangana, Rep. by its Public Prosecutor P.S. Charakonda^/

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Nagarkurnool Dist in the High Court of Telangana.

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Parwatham Sangaiah, S/o Srisailam, Occ. Mason, R/o. Turkatpally (V), Charakonda Mandal, Nagarkurnool Dist, Telangana.

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..... Responde nt/Co m^pla ina nt

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Petition under Sections 437 & 439 of Cr.P.C. praying that in the circumstances stated in the petition filed herein, the High Court may be pleased to grant bail to the Petitioners and direct the Police P.S. Charakonda Nagarkurnool District to enlarge the Petitioners on bail in the Crime No. 11 of 2021. /'

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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 Naraparaju Avaneesh, Advocate for the Petitioner, and of Additional Public Prosecutor for the respondent, the Court made the following.

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ORDER

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HONOURABLE JUSTICE G. SRI DEVI

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CRIMINAL PETITION NO.954 OF 2021

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ORDER:

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The petitioners/A- 1 to A-8 filed the present Criminal Petition under Sections 437 and 439 of the Code of Criminal Procedure seeking to grant bail to them in Crime No.ll of 2O2l of P.S. Charakonda, Nagarkurnool District, which^was registered for the offences punishable under Sections 448, 427, 323, 504, 506, 295 and 295-,{ read with Section 34 of the Indian Penal Code and Section 3(2)(Va) of the SC & ST^(POA) Amendment Act, 2015.

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Heard the learned counsel for the petitioners/A- L to A-8, the learned Additional Public Prosecutor representing the respondent-State and perused the record.

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The allegation against the petitioners/A- 1 to A-B is that on Ol.O2.2O2l the de facto complainant lodged a complaint stating that on 31.01.2021 the petitioners/A-1 to A-8 along with some others trespassed into his brother's house, broke the piano and mike set, assaulted him and damaged the chairs and rvhen l-ris sister-in-law intervened, they thrown the chairs on her stomach and further abused them in filthy language and threatened to kill them and picked up the Bible and burned it on the road and warned t}:e de facto cornplainant if he informs the incident to police, they would kill him.

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Learned Additional Public Prosecutor opposed to grant bail to the petitioners/A-1 to A-8 and stated that though A-1 to A-3 are having criminal antecedents and involved in different crimes, they have not been involved in any heinous offences.

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Learned counsel for the petitioners/A- 1 to A-8 submits that the petitioners have not committed any offence as alleged by the prosecution and they are falsely implicated in the above case. The petitioners/A- 1 to A-8 are in custody since Ol.O2.2O2l. Hence, it is prayed to consider the petitioners' application for bail.

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Looking into the facts and circumstances of the case, I am inclined to grant bail to the petitioners/A- 1 to A-8.

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The Criminal Petition is allowed and the petitioners/A- I to A-8 shall be released on bail on the following terms and conditions:

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(i) That the petitioners/A- 1 to A-8 shall execute a personal bond for Rs.15,000/- (Rupees lifteen thousand only) each with two sureties for a iike sum each to the satisfaction of the Additional Judicial First Class Magistrate at Kalwakurthy;

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(ii) That the petitioners/A-l to A-8 shall appear before the investigating authorities on every third Saturday between 1O.00 am and 5.00 pm till conclusion of investigation and submission of final report;

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(iii) That the petitioners/A-l to A-8 shall not indulge in similar type of activities In-{uture and if it is found that they are indulged in similar type of activities in future, the liberty granted to them shall automatically stand

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cancelled and they would be taken into^custody forthwith.

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(iv) that the petitioners/A- I to A-B shall not tamper with the prosecution witnesses;

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(v) that the petitioners/A-1 to A-8 shall co-operate with the investigating agency.

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(vi) that the petitioners/A- 1 to A-8 shall not misuse the liberty granted to them.

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(vii) that the petitioners/A- 1 to A-8 shall appear before the Court concerned personally on each date of hearing till conclusion of trial.

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Miscellaneous applications pending, if any, shall stand

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c1o sed.

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/lrRue coPY//

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SD/. K.^ONESIM S.SSIST}.NT^REGISTRAR SECTIff( \yOFFICER

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To 1. The Additional ludicial Fist Class Magistrate, Kalwakurthy '- 2. The Superintendent, District Jail, Mahabubnagar 3. The Station House Officer, Police Station, Charakonda t',tagirkurnool Oistrict 4. Two CCs to the Public Prosecutor, High Court at nyderabad (Op) 5. One CC to Sri Naraparaju Avaneesh, Advocate (OPUC) // 6. One spare copy.

HIGH COURT

GSD,J

DATEDT O4.O3.2021

$ r ,$qt$i

ORDER:

CRLP. NO: 954 ol 2O2L

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BAIL

Chinthapalli Kiran v. State of Telangana

Case brief

What is this about?

What did the court decide?

Chinthapalli Kiran v. State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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