High Court of Telangana dismissed two criminal petitions for anticipatory bail under Section 438 CrPC. The Court found no change of circumstances since earlier applications were rejected due to pending investigation, noting the allegations were grave and the investigation remained active.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[320e ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
WEDNESDAY,THE FIFTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE DR. JUSTICE CHILLAKUR SUMALATHA
CRIMINAL PETITION N os.1228 and 1317 ot 2023
Between:
...PET|T|ONERS/ACCUSED Nos.1 ro 3
AND
...RESPONDENTS
Petition under section 438 of cr.p.c praying that in the circumstances stated in the Memorandum of Grounds of criminal petition, the High court may be pleased to grant anticipatory bail to the petitio ners/accuses No 1, 2 and 3 and direct to Station House officer, Tandur police Station, Vikarabad District to release the petitioners/accuses No. 1. 2 and 3 on bail in the event of petitioners arrest in relation to crime No. 217 of 2022 on the file of the Tandur police Station, Vikarabad District.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of Sri B. Ramulu, representing for sri M. Mohan Kumar, Advocate for the petitioner and the public Prosecutor (TG) on behalf of the Respondents.
CRIMINAL PETI] ION NO: 1317 OF 2023
Between:
AND
...]?ESPONDENTS
Petition undr r Sr:ction 438 of cr. p.c praying that rr the circumstances stated in the [\4emor andLrm of Grounds of criminal petition, ttrt-' High court may be pleased to grant ar ticipatory bail to the petitioners/accuses lJo l, 2 and 3 and direct to Station HoL se Crfficer, Tandur police Station, Vikaralr;rrj Drstrict to release the petitione rs/a ccu ;es No. 1, 2 and 3 on bail in the event of petitioners arrest in crime No. 278 ol 20'.'2 orr the file of the Tandur police station, /ikarabad District.
This Petition com ng on for hearing, upon perusing lte Memorandum of Grounds of c.mina Pet,tion and upon hearing the argumer ts of Sri B. Ramulu, representing for Sri Vl. N/ohan Kumar, Advocate for the petilirrrrer and the public Prosecutor (TG) on rehalf of the Respondents.
The Court made the following: COMMON ORDER
HONBLE Dr. .IIISTICE CHILLAKUR SUMALATHA
CRIMINAL PE TITION Nos.1228 and 1317 of2023
COMMO1r ORDER:
Criminal petition No.122B of 2023 is filed seeking pre-arrest bail in favour of the petitioners who are arrayed as accused Nos.l to 3 in Crime No.2ZZ of 2022 of Tandur Town Police Station, Vikarabad District.
2 . Criminal petition No. 1 3 1 7 of 2023 is filed in respect of the same persons who are arrayed as accused Nos.l to 3 in Crime No.27 g of 2022 of the same police Station, seeking pre-arrest bail
2 Dr('SLJ Cr .]'l';o l2)8& I 3 t7ol2023
defactocor IPlainantrantowards a cars LLi:dA11 the petitionersz ppr(rachedhim and beat him l1nd tllcireefter'they ran a\'i1).T're defactocomplainant was shifted1t: hospitalfor treatm(lnt
co Lr ns,:lforthe 6. I{ak .nghissubmission'learned h av :no1 committed petittorleri contendsthat the petitioners
J
DT CSL, J Crl.P.No. 1228 & l3l7 of)023
\
t I
any offences whatsoever and earlier, the petitioners filed Criminal Petition No.46S of 2023 seeking pre_arrest bail in connection with Crime No.27Z of 2022 of Tandur Town police Station, Vikarabad District and the petitioners also filed Crimina_l Petition No.466 of 2023 seeking pre_arrest bail in connection with Crime No.27g of 2022 of Tandur Town police Station, Vikarabad District, but both the Criminal petitions stood dismissed on the ground of pendency of investigation and as the entire investigation is completed now, antrcipatory bail may be granted.
7 . Per contra, the submission of the learned Additional Public Prosecutor is that the petitioners attacked the defacto complainant in Crime No.2ZZ of 2022 of Tandur Town police Station, Vikarabad District ald caused injuries near the car shed and the same was recorded in the C.C. TV of the said car shed and to screen the evidence, the petitioners damaged the said car shed by setting the same ablaze and the case is still under investigation. 8. This Court does not find any change of circumstances from the date of dismissal of the earlier applications. Also,
4
I)r CSL,J Ct I P.it'o.l)28 & t 317 o[2023
I
the a,liegati<ns that are levelledagainst the p: titt':nersare grave inna -ure'Further, by the submission:lthe learned Additionalt ublic Prosecutor'it is clear that rn :'oth the cases
the investig,ttion is still pending'
g. Havin 1consideredall these facts' both t'he Criminal
Petitionssti -nd dismissed'
//TRUE COPY//
SD/.T. JAYASREE ASSiISTANTREGISfRAR -/
t- L SECTION OFFICER
To,
A\D-
HIGH COUR'T
DATED: 1510212023
. :l-i1'. fl..
".--<br>'l' .
nI i:.')
COMMON OF:DER
GRLP.Nos.1228 and 1317 of 2023
DISMISSING..HE BOTH CRIMINAL PETITIONS
q )P)
+,{r
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioners in view of the pending investigation and no change of circumstances from earlier dismissed applications.
Bathula Srinivas
Srikanth
Sreedhar
The State of Telangana, Rep. by its public prosecutor
Station House Officer, Tandur police Station
Dr. Justice Chillakur Sumalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
