High CourtsSingle Bench(2021) 08 TEL CK 0005

Siripuram Vinoda And Another VsState Of Telangana And Another

Telangana High Court · Decided on 2 August 2021

HON’BLE JUDGES
G. Sri Devi, J
RESULT
Dismissed
CASE NUMBER
Criminal Petition No. 5735 Of 2021

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Judgment

19 paragraphs · 376 words
1.

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.), is filed by the petitioners/Accused Nos.1 and 2, for

grant of anticipatory bail in the event of their arrest in connection with Crime No.83 of 2021 on the file of Buggaram Police Station, Jagtial District,

registered for the offences punishable under Sections 147, 148 and 307 read with 149 I.P.C.

2.

Heard the learned counsel for the petitioners/Accused Nos.1 and 2, the learned Assistant Public Prosecutor representing the respondent-State and

perused the record.

3.

Learned counsel for the petitioners would submit that the petitioners are innocent of the offences alleged against them; the complainant is nephew

of petitioner No.1; that there are civil disputes between the petitioners and the complainant; that a criminal case is lodged by petitioner No.1 against

the complainant and the same is pending; that the complainant in order to escape from the said case, lodged the present case against the petitioners;

that petitioner No.1 is aged about 57 years and she has undergone spinal card surgery and ultimately, prayed this Court to grant bail to the petitioners.

4.

Learned Assistant Public Prosecutor representing the respondent-State opposed the bail application.

5.

As seen from the contents of the First Information Report, the petitioners have also earlier attacked the grand-father of the complainant. Though

civil disputes are pending between the parties, taking advantage of the civil disputes, the petitioners along with 15 persons have gone with deadly

weapons like iron rods, sticks, chilli powder and attacked the complainant party, as a result of which one of the injured received grievous injury.

6.

Thus, looking into the nature of allegations levelled against the petitioners and their involvement in the commission of offence, I am not inclined to

release the petitioners on anticipatory bail and accordingly, the prayer for anticipatory bail is rejected.

7.

Accordingly, the Criminal Petition is dismissed. However, if the petitioners/accused Nos.1 and 2 surrenders before the Court concerned within

fifteen (15) days from today and files an application for grant of regular bail, after giving prior notice to the Public Prosecutor, the same shall be

considered, as expeditiously as possible, preferably on the same day, in accordance with law.

Miscellaneous applications, if any, pending shall stand closed.