Dismissed

The State of Telangana v. Kutadi Srinivas

Telangana HC20 Feb 2023CRLP/901/2023

Case brief

AI extract

What is this about?

The High Court dismissed a State petition for cancellation of anticipatory bail, holding that the court's apprehension of arrest was justifiable. The non-compliance due to preventive detention lacked willful negligence. The court relaxed the reporting condition until the petitioner's release from judicial custody.

What did the court decide?

Criminal Petition No. 901 of 2023 dismissed; I.A. No. 1 of 2023 allowed with relaxation of reporting condition till release from judicial custody.

The State of Telangana Vs Kutadi Srinivas — Anticipatory Bail | Telangana HC (2023)

¶1

[^320e ]

¶2

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

¶3

MONDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE

¶4

PRESENT

¶5

THE HONOURABLE DR. JUSTICE CHILLAKUR SUMALATHA

¶6

CRIMINAL PETITION NO: 901 0F 2023

¶7

AND

¶8

|.A.NO. 1 0F 2023 IN CRIMINAL PETITI ON NO: 10094 oF 2022

¶9

Criminal Petition No.901t2023

¶10

Between:

¶11

The State of Telangana, through. the Station House Officer, Medchal p.S.. rep. by The^{pubticpiosecutor,} H=sn Courii;;;ii,;'Sii,t"e;i%td;;;"or^{I 'u',}

¶12

...PETITIONER/RESPONDENT

¶13

AND

¶14

Kutadi Srinivas S/o. K.Narsimha, AS^+ 53 years, Occ.Business, No.2_252, SriramnagarCotony,Jawharnagar,Sham-eLrp;t'Ma-il;i,Rarg;ieliarv---' District.

¶15

...RESPONDENT/ACCUSED

¶16

Petition under section 439 (2) of cr.p.c praying that in the circumstances stated in the Memorandum of Grounds of criminar petition, the High court may be pleased to cancer the anticipatory bair granted to the RespondenvAccused vide orders dated 29.12.2022 in crl.p.No -1oog4t2o22 on the fire of Hon'bre High Court

¶17

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminar Petition and upon hearing the arguments of sri puBlrc PROSECUTOR, AdVOCAIE fOr thE PEtitiONCr ANd Of Sii K. DURGA PRASAD Advocate for the Respondent.

¶18

The Court made the following: ORDER

¶19

CRIMINAL PETITION NO: 10094 OF 2022

¶20

Between:

¶21

fytlqOi^{srinivas,S/o k. Narsim,age. Major,Occ. business,} Ryo.H.No.1.l74,Sriram . Nagar Colony, Chennafluram . aatali Nag Shamirpet HrianOaf , Medchal tvlalkajgiri Distriat - 87.

¶22

...PETITIoNERyACCUSED No. 1

¶23

AND

¶24

1 I,".^{Slgtg of Telangana, represented by public prosecutor, High Court For} the State ot Ielangana At Hyderabad.

¶25

2 Lakshmikantha Panda, S/o RabiNarayan panda, Rl/o Villa no. 21, Aditya Villa Grande, Kompally, Hyderabad-500067.

¶26

...RESPONDENT/DEFACTO COMPLAINANT

¶27

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 enlarge the petitioners / Accused No. 1 on anticipatory bail in the event of his arrest in crime No. 830 of 2022 on the file of the Medchal police Station, Cyberabad District

¶28

l.A. NO: 1 OF 2023

¶29

Petition under Section 438 rlw 482 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 relax the condition No. X of para g of the order dated 29-12-2022 till 12-02-2023

¶30

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of sri K. SRUJAN MANOHAR, Advocate for the Petitioner and the public prosecutor on behalf of the Respondent No.-1 and of sri r. SHARATH Advocate for the Respondent No. 2.

¶31

The Court made the following: ORDER

¶32

¶33

HON,BLE DT.JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION No.9Ol of 2023

¶34

AND I.A.NO.1 0F 2023

¶35

IN CRIMINAL PETITION NO.1OO94 OF 2022

¶36

COMMON OR-DER:

¶37

l. Criminal Petition No.901 of 2023 is filed under Section 439(21 Cr.P.C. by the State for cancellation of anticipatory bail that was granted in favour of the petitioner through orders in Crl.P.No.10094 of 2022, dated 29.t2.2022.

¶38

I.A.No. l of 2023 in Crl.P.No.l0094 of 2022 is filed seeking the Court to relax condition No.(x) that is imposed upon the petitioner while granting anticipatory bail in favour of the petitioner i.e., direction for appearance before the Station House Ofhcer, Medchal Police Station, on every Monday and Thursday between 10.30 AM and 12.00 PM.

¶39

Heard the learned Additional Public Prosecutor who is representing the petitioner/ State as well as Sri K.Durga Prasad, who is representing the respondent.

¶40

Seeking for cancellation of bail order, the learned Additional Public Prosecutor submits that this Court had -'t

¶41

)

¶42

D'CSL,l Crl.P.No.90t oI202l & I.A.l of2023 in tlp.no.10094 ol 2022

¶43

grarlted anticipatory bail obliging the request of the petitioner who is arrayed as Accused No. I in Crime No.830 of 2022 of Medchal Police Station. Learned^Additional Public Prosecutor states that while^granting such an^order conditionally, this Court directed the petitioner to report before the Station House officer, Medchal Police Station, on every Monday and Thursday, between 10.30 AM and 12.00 PM till tiling of final report. Learned Additional^Public Prosecutor states that the petitioner surrendered^{before the} concerned Court on 05.01.2023 and produced^solvency and thereafter, he is under obligation to comply^the condition. But he did not do so and therefore, anticipatory bail granted in favour of the petitioner is required to^be cancelled.

¶44

Opposing the said submission, learned counsel for the respondent states that the^{respondent,whowas about} to report before the Station^{HouseOfficer, Medchai Police} Station, came to know that in^{case he appears beforethe} Police, he would be arrested^{in connection with the other} crime arrd therefore, he did^{not do so.}

¶45

¶46

¶47

Dt.CSL,J C.LP.Nq.90I oI2023 & I.A.I of2023 it, crlp. no. I M9l of 2022

¶48

¶49

t t

¶50

Learned counsel for the respondent further submits that though anticipatory bail was granted in favour of the respondent, by invoking Preventive Detention clause, the / respondent was arrested and was remanded to judicial custody and he is still in judicial custody. Learned counsel further submits that the respondent filed Writ petition vide W.P.No.1062 of 2023 before this Court highlighting the arbitrary acts of police and the said Writ Petition is pending before this Court.

¶51

Learned Additional Public^prosecutor did not deny the fact df invoking PD Act against the respondent, arresting him and remanding him to judicial custody.

¶52

Therefore, this Court is of the view that the apprehension of the respondent that he would be arrested appears justiliable. Further, there is no material on record to show that there is intentional deviation or wiltful negligence in compl5ring the conditions imposed by this Court. Therefore, this Court is of the view that the relief granted in favour of the respondent cannot be taken away by cancelling the order of bail granted.

¶53

tfr

¶54

¶55

Dt CSL.J C.LP.^b.901 0/2023 & I.A. ! of 2D.l in crl.p.no.1009t of 2D2

¶56

So far as the relaxation of condition in I.A.No.1 of 2023 in Cr1.P.No.10O94 of 2022 is concerned, as the petitioner is in judicial custody at present and there is no possibility to comply the condition, the condition imposed regarding his appearance stands relaxed till the petitioner comes out from judicial custody. Once the petitioner is on bail in respect of PD Case No.8 of 2023, he shall start complying the condition.

¶57

Resultantly, the Criminal Petition No.9Ol of 2023 starrds dismissed and I.A.No.l of 2023 in CrI.P.No.10O94 of

¶58

2022 is allowed to the extent indicated above

¶59

ro,

¶60

---a-.-,

¶61

Sd/. G. SIREESHA . ASSISTANT REGISTRAR //TRUE COPY// rl L r. Y t rltlrl^,' {, L,* '- ---lSECION OFF|#ER

¶62

¶63

The lX Additionar Metroporitan Magistrate, Medchar Markajgiri at Medchar

¶64

The X Additionar Junior civir Judge-cum-X Additionar Metroporitan Ma gistrate, Med cha I Malkajgiri Disirici ;i"M;;;h;l

¶65

The Station House Officer, Medchal police Station, Cyberabad

¶66

The Jawaharnagar police Station, Rachakonda

¶67

5 Two ccs to the pubric prosecutor, High court for the state of rerangana at Hyderabad. [OUT]

¶68

One CC to SRt. K. DURGA PRASAD, Advocate tOpUCl

¶69

One CC to SRt. SRUJAN MANOHAR, Advocate 1OeUC1

¶70

B. One CC to SRt. T. SHARATH, Advocate tOpUCl

¶71

T.wo CD Copies

VH kam

HIGH COURT

Dr. CSL, J

DATED: 2010212023

ORDER CRLP.No.901 of 2023 AND I.A.NO. 1 0F 2023 IN GRLP.No. 10094 OF 2022

¶77

e STAIE o
6e
t ,:|
or) [3 JUN ?S8
//_,
+

DISMISSING THE

CRLP.NO:901 OF 2023

AND ALLOWING THE

I.A.NO.1 0F 2023 rN

CRLP.NO.I0094 0F 2022

¶83

a
t
\g

The State of Telangana v. Kutadi Srinivas

Case brief

What is this about?

What did the court decide?

The State of Telangana v. Kutadi Srinivas

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sri Sanjay Bhope Vs The State of Telangana

Mohd.Mujeebullah Shareef Vs State of Telangana

Mekala Shiva Kumar Vs The State of Telangana

Shaik Imran Sayeed Vs The State of Telangana

Motilal Vs The State of Telangana

Tukaram Salgaonkar Vs The State of Telangana