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High Court for State of TelanganaCRLP/12787/2017allowed no costs

Gundeboina Venkanna And 2 Others v. The State Of Telangana

2017-12-29U.Durga Prasad Rao4 pages

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH FRIDAY, THE TWENTY NINTH DAY OF DECEMBER, TWO THOUSAND AND SEVENTEEN : PRESENT:

THE HON'BLE SRI JUSTICE U.DURGA PRASAD RAO CRIMINAL PETITION No. 12787 of 2017 Between:

1. Gundeboina Venkanna, S/o. Poshalu

2. Gundeboina Pedda Rajaiah, S/o. Poshalu

3. Gundeboina Bixapathi, S/o. Poshalu Petitioners (Accused 1 to 3 in Cr.No.253/2017 of Mulugu P.S., Jayashanker Bhupalapally Dist) AND The State of Telangana, rep by its Public Prosecutor, High Court of Judicature at Hyderabad.

Respondent Petition under Sections 437 & 439 of Cr.P.C. praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to enlarge the petitioners on bail in Crime No. 253 of 2017 on the file of the Mulugun Police Station, Mulugu, Jayashanker Bhupalapally District.

The Petition coming on for hearing, upon perusing the petition and the grounds filed herein and upon hearing the arguments of Sri Sanjeev Gillella, Advocate for the Petitioners and of the Addl. Public Prosecutor (TG) for the Respondent, the Court made the following ORDER:

" The petitioners/A.1 to A.3 filed this petition under Sections 437 and 439 Cr.P.C seeking bail in Crime No.253 of 2017 of Mulug PS which was registered against them for the offence under Section 307 r/w 34 IPC. 2) The prosecution case is that the junior paternal uncle of the defacto complainant, who is an Advocate, was attacked by the accused causing injuries to him with axes, keeping in view of the civil disputes. 3) Heard both sides.

4) Learned counsel for petitioners pleaded for bail mainly on the submission that investigation is nearing completion and the accused have been in custody since 17.10.2017.

5) Learned Additional Public Prosecutor opposed the bail on the submission that investigation is still pending and some more witnesses connecting to the civil disputes have to be examined.

6) As can be seen from the C.D file, so far eight witnesses connecting to the offence were examined by the Investigating Officer. Medical certificate is also received and admittedly the injured was discharged from the hospital. Thus it can be said that investigation made a good progress. Admittedly the accused have been in custody since 17.10.2017.

7) Having regard to the stage of investigation, this petition is allowed and petitioners/A.1 to A.3 shall be enlarged on bail on each of them executing a personal bond for Rs.20,000/-(Rupees twenty thousand only) with two sureties each for like-sum to the satisfaction of Judicial Magistrate of First Class, Mulug. On release, the petitioners shall appear before the SHO, Mulug PS on every day between 1:00pm and 3:00pm until charge sheet is filed.

..2..

As a sequel, miscellaneous petitions pending, if any, shall stand closed." ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To

1. The Principal Sessions Judge, Warangal.

2. The Judicial Magistrate of First Class, Mulug, Jayashanker Bhupalpally District.

3. The Superintendent, Central Jail, Warangal District.

4. The SHO, Mulugu Police Station, Mulugu, Jayashanker Bhupalapally District.

5. Two CCs to the Public Prosecutor (TG), High Court, Hyd(OUT)

6. One CC to Sri Sanjeev Gillella, Advocate(OPUC)

7. One spare copy.

SAH

HIGH COURT UDPRJ DATED: 29-12-2017

ORDER

CRL.P.NO. 12787 OF 2017 BAIL GRANTED

DRAFTED BY: SAH APPROVED BY:

DRAFTED ON: 29-12-2017 HIGH COURT UDPRJ DATED: 29-12-2017

ORDER

CRL.P.NO. 12787 OF 2017 BAIL GRANTED