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B.Madan Lal And Another vs State Of Telangana

Telangana High Court · Decided on 25 November 2021 · Citation: (2021) 11 TEL CK 0043

HON’BLE JUDGES
Lalitha Kanneganti, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 41A, 438 · Indian Penal Code, 1860 — Section 201, 376(2)(n), 406, 420, 417, 504
RESULT
Disposed Of
CASE NUMBER
Criminal Petition No. 8089 Of 2021
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Judgment

7 paragraphs · 359 words
1.

This petition is filed under Section 438 Cr.P.C. seeking bail to petitioners/A.2 and A.3 in the event of their arrest in connection with Crime No.1056 of 2021 of Kukatpally Police Station, Cyberabad Commissionerate, registered for the offences punishable under Sections 376(2)(n), 420, 417, 504, 406 and 201 of the Indian Penal Code.

2.

Heard learned counsel for the petitioners, Mr.Raj Gopal, learned counsel appearing on behalf of the de facto complainant, and learned Assistant Public Prosecutor for the respondent-State.

3.

Learned counsel for the petitioners submits that the petitioners are A.2 and A.3. Learned counsel has drawn the attention of this Court to the allegations made in the complaint and submits that against the petitioners the allegations are under Sections 420, 417, 504, 406 and 201 of IPC. As far as Section 376(2)(n) IPC is concerned, the allegations are made only against A.1. He submits that as the offences alleged against the petitioners are less than seven years, the police may be directed to follow the procedure as contemplated under Section 41-A of Cr.P.C. and the guidelines formulated by the Hon'ble Supreme Court in Arnesh Kumar v. State of Bihar (2014) 8 SCC 273.

4.

Whereas, Mr.Raj Gopal, learned counsel for the de facto complainant, submits that as the crime is registered under Section 376(2)(n) of IPC along with other sections, the petitioners are not entitled for issuance of notice under Section 41-A of Cr.P.C.

5.

On the other hand, learned Assistant Public Prosecutor submits that investigation is pending and so far seven witnesses were examined.

6.

Taking into consideration the fact that the allegations as far as the petitioners/A.2 and A.3 are concerned only under Sections 420, 417, 504, 406 and 201, since the punishment prescribed for the offences alleged against petitioners is up to seven years, without going into the merits of the matter, the respondent - Police are directed to follow the procedure as contemplated under Section 41-A Cr.P.C and the guidelines formulated by the Hon'ble Supreme Court in Arnesh Kumar supra scrupulously. It is needless to say, any deviation in this regard will be viewed seriously.

7.

The Criminal Petition is accordingly, disposed of.