IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD FRIDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND FOURTEEN :PRESENT:
THE HON'BLE SRI JUSTICE C.PRAVEEN KUMAR CRL.P. NO:4173 of 2014 Between:
K.Janardhan S/o. Shiva Lingam, . Petitioner/Accused AND The State of AP., through Public Prosecutor, High Court of A.P., Hyderabad.
. Respondent/Complainant 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 grant anticipatory bail to the petitioner/accused pending investigation and trial in Crime No. 20 of 2014 of PS., Navipet, Nizamabad District.
The petition coming on for hearing, upon perusing the petition and the grounds filed herein and upon hearing the arguments of Sri Kowturu Vinaya Kumar, Advocate for the Petitioners and of the Addl. Public Prosecutor for the Respondent, the Court made the following.
ORDER:
“This Criminal Petition is filed by the petitioner – accused, under Section 438 Cr.P.C, seeking release in the event of his arrest in connection with Crime No.20 of 2014 of Navipet Police Station, Nizamabad District registered for an offence punishable under Section 420 IPC.
The allegation made in the report is that the petitioner transferred the gas connection of the informant to another person without following the rules.
Learned counsel for the petitioner mainly submits that, as there were two gas connections in the same name, the gas connection of the informant was transferred by mistake to another person by mistake and the same was neither intentional nor wanton.
Heard the learned Additional Public Prosecutor appearing for the State.
The fact that there were two gas connections in the same name is not in dispute. It appears that by mistake the gas connection of the informant was transferred to another person and the said act was not intentional. The affidavit of the informant filed along with the present petition also reveals the same. Hence, I am inclined to grant anticipatory bail to the petitioner.
Accordingly, the Criminal Petition is allowed. The petitioner is directed to surrender himself before the Station House Officer, Navipet Police Station, Nizamabad District, within a period of ten days from today and on such surrender, he shall be released on bail on his executing a personal bond for Rs.10,000/- (Rupees Ten Thousand Only) with two sureties for a likesum to the satisfaction of the same Station House Officer.”
//TRUE COPY// To ASSISTANT REGISTRAR For ASSISTANT REGISTRAR
1. The Sessions Judge, Nizamabad
2. The II Additional Judicial First Class Magistrate, Nizamabad
3. The Station House Officer, Navipet Police Station, Nizamabad District
4. Two CCs to Public Prosecutor, High Court of A.P., Hyderabad (OUT)
5. One CC to Sri Kowturu Vinaya Kumar, Advocate (OPUC)
6. One Spare Copy HIGH COURT AB DRAFTED ON 25-4-2014 CPKJ DATE: 25-2-2014 ORDER CRL.P. NO. 4173 OF 2014 DIRECTION