Disposed

Balusu Bhumakka v. The State of Telangana

Telangana HC15 Jul 2022CRLP/6022/2022

Case brief

AI extract

What is this about?

The High Court of Telangana disposed of a pre-arrest bail petition filed by two female accused persons. The Court directed the police to investigate following Section 41-A CrPC and Arnesh Kumar guidelines and restrained arrest until filing of charge sheet due to their gender and civil dispute nature.

What did the court decide?

Direction to conduct investigation under Section 41-A CrPC; no arrest until filing of charge sheet.

Balusu Bhumakka Vs The State of Telangana — Bail and Remand | Telangana HC (2022)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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FRIDAY,THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE SRI JUSTICE K.SURENDER

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CRIM INAL PETITION NO: 6022 OF 2022

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Between:

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Balusu Bhumakka, W/o Late. Bhumanna,^{Aged 65 years,Occ. Housewife,} Fl/o H. No. 27-08, Shivaji Nagar, Khanapur,^{Nirmal District.}

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Balusu Laxmi W/o. Rajireddy. Aged 58^years, Occ;^{Housewife, R/oH. No. 2-} B7l3,Dharmajipet Village, Rajkal Mandal, Jagtial^District.

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...PETITIONERS/ACCUSED Nos.'l &²

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ANO

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The State of Telangana, Rep. by Public Prosecutor^{High Court at Hyderabad} through S.H.O, P.S. Raikal, Jagtial District.

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...RESPONDENT

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Petition under Section 438 of Cr.P.C^{praying that in the circumstances} stated in the lMemorandum of Grounds of^{Criminal Petition,the High Court may} be pleased to direct the respondents to^{release the petitioners/AccusedNos.1} and 2 on bail in the event of their arrest in connection^{with FIR No.176 ol 2022} ' dated 29-06-2022, ot PS Raikal, Jagtial^District.

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This Petition coming on for hearing, upon^{perusing the lvlemorandum of} Grounds of Criminal Petition and upon hearing the^{argumentsof Sri P. Lakshma} Reddy, Advocate for the Petitioner and the Assistant^{Public Prosecutoron behalf} of the Respondent No.1^.

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The Court made the following: ORDER

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Crl. Petition No.6022 of 2022

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THE HONOURABLE SRI JUSTICE^K.SURENDER

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CRIMINAL PETITION No.6O22^{OF 2022}

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ORDER:

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This Criminal Petition is filed under^{Section 438 of the} Code of Criminal Procedure, 1973^{seeking pre-arrestbail to} the petitioners, who are arrayed as^{Accused Nos.l and 2 in} the event of their arrest in Crime^{No.176ol 2022Ltn rhe file ol} Station House Officer, Raikal^Police Station, Jagitial^District registered for the offences punishable under Sections^420, 468 and 47 1 read with Section 34^of Indian^{penal Code.}

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Heard the learned counsel for the^{petitionersand} learned Assistant Public Prosecutor for the^{respondent-State.} Perused the record.

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Since the punishment^prescribed for the^{offencesalleged} against the petitioners are upto seven years,^{without going} into the merits of the matter, the respondent-Poiice^are directed to carry out the investigation by foilowing^the procedure as contempiated under Section 41-A Cr'P'C^and the guidelines formulated by the Hon'ble Supreme Court ln

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Crl.Petition No.6022 ot 2022 2

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Arnesh Kumar a. State of Biharrscrupulously. It is

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needless to say, any deviation in this regard will be viewed seriouqly. ' L,/

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Since the petitioners are women and the a_llegations are made in respect of civil disputes these petitioners/Accused shall not be arrested til1 filing of charge sheet.

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Accordingly, the Criminal petition is disposed off.

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6 . Miscellaneous applications pending, if any, in this criminal petition, sha,ll stand closed.

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-/ t (zot+\ 8 scc 273

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//TRUE COPY//

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SD/-G.SIREESHA ASSISTANT REGISTRAR qp

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SECTION OFFICER

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To, 1. The I Additional Judicial First Class Magistrate at Jagtial District. 2. The Station House Officer, Raikal Police Station, Jagtial District. 3. Two CCs to Assistant Public Prosecutor, High Court for the State of Telangana, at Hyderabad [OUT] 4. One CC to Sri P. Lakshma Reddy, Advocate [OPUC] 5. Two CD Copies 6. One Spare Copy CDL gbr

HIGH COURT

DATED: 1510712022

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ORDER

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CRLP.No.6022 of 2022

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DISPOSING OF THE CRIMINAL PETITION

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I
Y,D

Balusu Bhumakka v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Balusu Bhumakka v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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