Single bench criminal petition seeking anticipatory bail under Section 438 CrPC for theft of energy. The Court dismissed the petition, holding that the petitioner's repeated violations rendered it an unfit case for bail.
The criminal petition for anticipatory bail is dismissed; the petitioner remains liable to arrest if charged.
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.
IN THE HIGH COURT FOR THE STATEOF TELANGANA AT HYDERABAD
TUESDAY, THE TWENTY FIFTHDAY OF JULY TWO THOUSAND AND TWENTYTHREE
PRESENT
THE HONOURABLE SRI JUSTICEM.LAXMAN
CRIM INAL PETITION NO: 6474OF 2023
Between
Jogu Narsimloo, S/o Jogu Advappa, Agedabout 48 years, Occ:Business, R/o. Mallepalli Village, Domatvlandal, VikarabadDistrict.
... Petitioner/Accused
AND
The State of Telangana, Through Public Prosecutor,High Court for the State of Telangana At Hyderabad.
...Respondent
) Petition under Section 438 of Cr.P.Cpraying thatin the circumstancesstated in the Memorandum of Grounds of Criminal Petition,the High Court maybe pleased to ENLARGE the Petitioner/Accused onANTICIPATORYBAIL in the event of arrest in connection with FIR No.4070/2023of P.S. A.P.T.S, RR Southunder Section 135 (a) of Electricity Act, 2003.
This Petition coming on for hearing, uponperusingthe Memorandumof Grounds of Criminal Petition and uponhearing theargumentsof Sri Ganesh Chelimella, Advocale for the Petitionerand the Addl. Public Prosecutor on behalf of the Respondent.
The Court made the following:ORDER
THE HONOURABLESRI JUSTICEM.LAXMAN
CRIMINAL PETITION No.6474OF 2023
ORDER:
Z. The sum and substance of case of the prosecution is that the petitioner is having service connection for running the ftour mitt and he attegedty committed theft of energy for running the ftour mitt by tapping incoming service wire before the meter. The investigation is atso reveats that simitarly for the first time the offence was committed by thepetitioner - accused and the same was compounded; and on the second time thepetitioner- accused arrested and remanded tojudicial custody. This is the third occasion, the petitioner accused indutged in simitar kind of offence.
2
learned Additionat Pubtic Prosecutor for the respondent- State.
Miscettaneous petitions, if any shatl stand closed.
Sd/- G. SIREESHA ASSISTANT REGISTRAR
,TRUE COPY//
AD
SECTION OFFICER
To,
YIP DL
HIGH COURT DATED:2510712023
ORDER
CRLP.No.6474 of 2023
S'TATE O
1
28 [ut ?$8 L)
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CRIMINAL PETITION IS DISMlSSED
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2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner accused of repeated theft of energy under Section 35(a) of the Electricity Act, 2003.
Whether the repeated nature of the offence precludes granting bail under Section 438 CrPC.
3 provisions across 2 enactments
Jogu Narsimloo
The State of Telangana
M. Laxman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
