IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH FRIDAY, THE ELEVENTH DAY OF JULY, TWO THOUSAND AND FOURTEEN :PRESENT:
THE HONOURABLE DR JUSTICE K.G. SHANKAR CRL.P. No. 7458 of 2014 Between:-
Kummari Murali S/o. Kummari Kurmaiah ..... Petitioner/Accused No.5 in Crime No. 125 of 2012 of Bijnapally Police Station, Mahabubnagar District.
AND The Station House Officer, Police Station Bijnapally, Mahabubnagar District, through Public Prosecutor, High Court of Judicature at 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 directing the respondent to enlarge the petitioner/accused No.5 in Crime No. 125 of 2012, P.S. Bijnapally to release him on bail in the event of his arrest.
The petition coming on for hearing, upon perusing the petition and the grounds filed herein, and upon hearing the arguments of Sri V. Hanumanth Rao, Advocate for the Petitioner and of the Public Prosecutor on behalf of respondent- State, the Court made the following ORDER:-
“The petitioner is A-5. He seeks for grant of anticipatory bail. He allegedly committed an offence under Section 306 IPC. The victim consumed pesticide and committed suicide. The accused including the petitioner allegedly threatened the victim that the possession of the property of the victim would be taken away by the petitioner leading to the victim committing suicide.
There is no allegation that there was any suggestion by A5/petitioner to the victim to commit suicide. I therefore consider that prima facie, the offence under section 306 IPC is not made out. The petitioner therefore is entitled to grant of anticipatory bail.
Consequently, this Petition is allowed. The petitioner/A5 shall surrender before the learned Judicial Magistrate of First Class, Nagarkurnool, within two weeks from today. On such surrender, the learned Judicial Magistrate of First Class, Nagarkurnool, shall enlarge the petitioner on bail on a bond of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties in a like sum to his satisfaction.”
//TRUE COPY// Sd/- R. VENKATA LAKSHMI, ASSISTANT REGISTRAR for ASSISTANT REGISTRAR Contd…2… - 2 -
To
1. The IX Additional District and Sessions Judge, Wanaparthy, Mahabubnagar District.
2. The Judicial Magistrate of First Class, Nagarkurnool, Mahabubnagar District.
3. The Executive II Class Magistrate Tahsilder at Bijnapally, Mahabubnagar District.
4. The Station House Officer, Bijnapally Police Station, Mahabubnagar District.(Cr.No. 125 of 2012)
5. Two CCs to the Public Prosecutor, High Court at Hyd(OUT)
6. One CC to Sri V. Hanumanth Rao, Advocates (OPUC)
7. One Spare Copy. TKK HIGH COURT DR.KGS.J DATE: 11-07-2014 ANTICIPATORY BAIL ORDER CRL.P. No. 7458 OF 2014 RELEASE THE PETITONER ON BAIL IN THE EVENT OF HIS ARREST.
DRAFTED BY TKK DT.11-07-2014.
HIGH COURT DR.KGS.J DATE: 11-07-2014 BAIL ORDER CRL.P. No. 7458 OF 2014 RELEASE THE PETITONER ON BAIL IN THE EVENT OF HIS ARREST.