Kothapally Madhukar v. State Of Telangana
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IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD FRIDAY, THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE JUSTICE G SRI DEVI CRIMINAL PETITION NO: 687 OF 2021 Between:
Kothapally Madhukar, Son of Late Venkat Ramulu, AND ...PETITIONER State of Telangana, Represented by Public Prosecutor, High Court, Hyderabad ...RESPONDENT i 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 release the petitioner on bail in the event of arrest in connection with Crime No.1'16/2020 of P.S. Dantalapally tMahaboobabad District dt.3010912020 on the file of Judicial I Class t\/agistrate Torrur on such terms and conditions This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri C.N.MOORTY, Advocate for the Petitioner and of the Additional Public Prosecutor on behalf of the Respondent.
The Court made the following: ORDER
HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITIoN NO.687 0F 2021 ORDER:
This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.), is liled by the petitioner/A-3, for grant of anticipatory bail in Crime No' 116 of 2O2O of P.S. Dantalapally, Mahabubabad District, registered for the offences punishable under Sections 143, 147 ' 3O7' 341, 447 and 506 read with 149 of the Indian Penal Code. Heard the learned counsel for the petitioner/A-3, the learned Additional Public Prosecutor representing the respondent-State and perused the record.
In the FIR, rt is inter alia stated that tt,.e de facto complainant gave a complaint on 30.09.2020 at 20.00 hours stating that on the same day at 10.3O hours at the outskirts of Thejya Thanda, H/o. Bodlada Village, the petitioner/A-3 along with other accused illegally trespassed into the complainant's agricultural land along with a JCB, forcibly took his phone and attacked with an axe on his head and beat him with sticks and. sprinkled chilli powder on his eyes due to which the victim sustained severe bleeding injuries to his head and other body parts. Hence, the FiR. I Learned counsel for the petitioner/A-3 would submit that the petitioner is innocent and he is no way concerned with the alleged offence. The petitioner/A-3 is a law-abiding citizen and is prepared to abide by any condition which this Court may deem fit to impose in case of granting anticipatory bail. Hence, he prayed to grant anticipatory bail to the petitioner/A-3.
Learned Additional Public Prosecutor representing the to grant anticipatory bail to the respondent-State opposed petitioner/A-3.
As seen from the contents of the FIR, there are specific allegations against the petitioner/A-3 that he, along with other accused, has committed the abovementioned offences. Having regard to the facts and circumstances of the case, nature and gravity of the offence, this Court is not inclined to grant anticipatory bail to the petitioner/A-3.
The Criminal Petition is, accordingly, dismissed. However, if the petitioner/A-3 surrenders before the competent Court within a period of fifteen days from today and applies for regular bail, the same shall be considered by the said Court, in accordance with law Miscellaneous applications, if any, pending shall stand closed.
Sd/-B.SATYAVATHI ASSISTANT REGIS R \ ,TRUE COPY/i SECTION OFFICER To The Judicial First Class lvlagistrate, Thorrur. The Station House Officer, Dantalapally Police Station, IVlahaboobabad District. Two CCs to the Public Prosecutor, High Court for the State of Telangana, Hyderabad (OUT) One CC to Sri C.N.lr/oorthy, Advocate (OPUC) Two CD Copies J 4.
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HIGH COURT DATED:,1210212021 rlA S14 'r o 'J o m2t 26FTB {< p-O * T
ORDER
CRLP.No.687 of 2021 DISMISSING THE CRL.P.
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