CRLP/11485/2017 of A.Chandra Shekar Reddy Vs The State of Telangana on 28 December 2017

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY, THE TWENTY NINTH DAY OF NOVEMBER TWO THOUSAND AND SEVENTEEN

:PRESENT:

THE HON'BLE DR JUSTICE SHAMEEM AKTHER

CRL. P. NO:11485 of 2017

Between:

A.Chandra Shekar Reddy S/o Venkat Reddy, Occ GRP Constable, R/o Saleem Nagar, Malakpet, Hyderabad.

..... Petitioner/Accused

AND

The State of Telangana, Rep. by its Public Prosecutor, High Court at Hyderabad.

.....Respondent

Petition under Section 438 of Cr.P.C., praying that in the circumstances stated in the petition and the grounds filed herein, the High Court may be pleased to enlarge the petitioner/Accused on anticipatory bail in the event of his arrest in connection with Crime No.60 of 2017 of P.S. G.R.P. Khammam, Khammam District.

Counsel for the Petitioner : SRI C.MASTHAN NAIDU Counsel for the Respondent : ADDL. PUBLIC PROSECUTOR (AP)

The Court made the following ORDER:

“Heard learned counsel for the petitioner/accused, learned Additional Public Prosecutor for the respondent State and perused the record.

This petition is filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner/accused in Crime No.60 of 2017 of G.R.P. Railway Police Station, Khammam, for the offences punishable under Sections 384, 323 and 506 IPC.

Learned counsel for the petitioner would submit that the petitioner is an innocent person and falsely implicated in this case. The very purpose of registering the case is that there are differences between him and the officials working in the police department.

Learned Additional Public Prosecutor opposed the grant of bail to the petitioner/accused stating that the statement of the de facto complainant was recorded under Section 164 Cr.P.C. and there are other eye witnesses to the alleged incident.

The petitioner has filed copies of documents before this Court. With regard to financial mismanagement and other disputes that are pending. Due to those disputes, this case is alleged to have foisted against the petitioner by utilizing the services of de facto complainant. The veracity of the allegations required to be determined in due course. The petitioner is a permanent resident and regular employee in police department.

Considering the submissions made by both sides, the petitioner can be enlarged on bail.

In the result, the Criminal Petition is allowed directing the petitioner/accused to surrender before the Station House Officer, G.R.P. Railway Police Station, Khammam, within 15 days from the date of this order. On such surrender, the said Station House Officer shall enlarge the petitioner/accused on bail on executing a personal bond of Rs.10,000/- (Rupees ten thousand only) with two sureties for a like sum each to his satisfaction. On such release, the petitioner/accused shall abide by the conditions mentioned in Section 438(2) Cr.P.C. Further, he shall attend before the said Station House Officer on every Sunday between 8.00 and 9.00 a.m. till filing charge sheet.”

To

ASSISTANT REGISTRAR

//TRUE COPY//

For ASSISTANT REGISTRAR