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2020 DIGILAW 61 (TS)

Gaddam Appi Reddy v. State of Telangana

2020-01-20

G.SRI DEVI

body2020
ORDER : G. Sri Devi, J. 1. The petitioner/A-1 filed the present Criminal Petition under Sections 437 and 439 of the Code of Criminal Procedure seeking to grant bail to him in Crime No. 254 of 2019 of P.S. Mudigonda, Khammam District, which was registered for the offences punishable under Sections 448 and 307 read with Section 34 of the Indian Penal Code. 2. The allegation against the petitioner/A-1 is that on the night of 12.11.2019 at 23.30 hours he criminally trespassed into the house of the de facto complainant and he along with A-2 attempted to murder the de facto complainant by smothering him and pressing his neck and testicles on account of the illegal extra-marital relationship between the petitioner and the wife of the de facto complainant, A-2. 3. Learned Additional Public Prosecutor opposed to grant bail to the petitioner/A-1. 4. Learned counsel for the petitioner/A-1 submits that the allegations made against the petitioner/A-1 are false and baseless and there is no evidence on record to show the alleged involvement of the petitioner/A-1. It is submitted that none of the offences alleged have been made out against the petitioner/A-1. It is further submitted that there are no injuries on the body of the de facto complainant to indicate attempt to murder by the petitioner/A-1 and to implicate him in the offence. It is further submitted that the petitioner was falsely implicated by the de facto complainant due to mala fide intentions and political rivalries. The petitioner was arrested on 20.12.2019 and was in judicial remand since then. It is further submitted that investigation was completed and there is no chance of the petitioner to influence the investigation or tamper with the evidence. It is further submitted that the petitioner is a permanent resident of the village and his presence is always available to the investigation. He is ready to abide by any condition that might be imposed by this Court while releasing on bail. Hence, it is prayed to consider the A-1/petitioner's application for bail. 5. Looking into the facts and circumstances of the case and taking into consideration the gravity of the offence alleged and as the injuries are shown to be simple in nature, I am inclined to grant bail to the petitioner/A-1. 6. Hence, it is prayed to consider the A-1/petitioner's application for bail. 5. Looking into the facts and circumstances of the case and taking into consideration the gravity of the offence alleged and as the injuries are shown to be simple in nature, I am inclined to grant bail to the petitioner/A-1. 6. The Criminal Petition is allowed and the petitioner/A-1 shall be released on bail on the following terms and conditions: (i) That the petitioner/A-1 shall execute a personal bond for Rs. 15,000/- (Rupees fifteen thousand only) with two sureties for a like sum each to the satisfaction of the II Additional Judicial First Class Magistrate at Khammam. (ii) that the petitioner/A-1 shall not tamper with the prosecution witnesses; (iii) that the petitioner/A-1 shall co-operate with the investigating agency. (iv) that the petitioner/A-1 shall not misuse the liberty granted to him. (v) That the petitioner/A-1 shall appear personally before the Court below on each and every adjournment till the conclusion of trial. Miscellaneous applications pending, if any, shall stand closed.