HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADE WEDNESDAY, THE SIXTH DAY OF AUGUST, TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE DR. JUSTICE B. SIVA SANKARA RAO CRL.P.No. 8684 of 2014 Between:
Marelli Venkataiah, S/o. Mallaiah AND Petitioner The State of Telangana, rep., by Public Prosecutor, High Court, at Hyderabad, through P.S. Chevella Respondent/Complainant COUNSEL FOR THE PETITIONER: SRI. P. SHASHI KIRAN COUNSEL FOR THE RESPONDENT: THE PUBLIC PROSECUTOR Petition under Sections 437 439 of Cr.P.C., praying that in the circumstances stated in the memorandum of grounds filed herein, the High Court may be pleased to enlarge the petitioners / accused on bail in FIR.No.147/2014 of P.S. Chevella, R.R.District for the reasons stated above and in the circumstances of the case.
The Court made the following Order:
“This Criminal Petition is filed under Section 437 & 439 Cr.P.C by petitioner/Accused in Crime No.147 of 2014 on the file of Chevella Police Station, Ranga Reddy District, registered against the accused for the offence punishable under Section 307 IPC.
2. Heard the Learned Counsel for the Petitioner, the Learned Additional Public Prosecutor for the Respondent-State and perused the material placed on record.
3. The crime registered is for the offence under Section 307 IPC. The petitioner is the sole accused and the police after investigation, filed charge sheet under Section 307 IPC. The accused is in judicial custody since 17.06.2014. A perusal of the charge sheet and the material on record discloses that to grab the property of the deceased brother and his family, the accused wanted to eliminate Lw.2-Ravi son of the deceased brother and his wife and another person and as part of that preconsent or premeditation, he attacked and stabbed Lw.2 and also caused injury to Lw.3-Mahesh and another person rescued by concealing some where, out of the vision of the petitioner. Though, the propensity of the crime shows the manner in which the perpetration made by the accused does not deserve the concession, as it is the duty of the Court to balance with personal liberty and as the investigation is completed and as he is in judicial custody since 17.06.2014, bail is granted subject to the following conditions :
Contd..P/2..
2
[1] The petitioner – accused shall execute a self-bond for Rs.25,000/- [Rupees Twenty Five thousand only] with two sureties each for the like sum to the satisfaction of the Court concerned. The bond to be obtained is not only to appear before the court pending investigation and after filing of final report in the form of charge sheet or the like for enquiry or trial before said Court, or by virtue of any transfer of proceedings or committal or for want of jurisdiction or otherwise before any other Court and even after trial before such Court to appear before revisional or appellate Court or other superior Court - vide decision-Pre-Legal Aid Committee, Jamshedpur vs State of Delhi 1982[2]APLJ 43(SC); so that at stage of any committal or other proceedings obtaining of fresh bond from accused and even affidavits of sureties of bonds and solvency earlier produced are ratifying and in existence and enforceable, without even insisting his further presence, serves the purpose. Such recourse quickens the proceedings at such committal or other stages without loss of time and it also to some extent complies with the requirement of Section 437A CrPC.
[2] The petitioner shall report before the Investigating Officer every Sunday between 10.00 am and 5.00 p.m. till further orders for assurance of his availability and non-interference in any manner with the witnesses.
[3] The petitioner shall attend before the Court of law regularly in enquiry and trial without fail, if not the bail shall be cancelled forthwith, without any further order so that, the Court can issue NBW by cancelling the bail.
[4] The petitioner shall not leave the State pending enquiry/trial without prior permission of the Court of concerned Magistrate/trial Judge.
[5] The petitioner shall furnish his full address either present or changed address if any with property and Bank Account particulars and submit his passport if any, after enlargement of bail on the next hearing date before the Magistrate Court concerned (for collecting by police as part of their duty to investigate-also the means of accused and to furnish the same in the final report of investigation to enable the trial court in the event of considering the need of awarding compensation under section 357 CrPC, so to award from such material and evidence, apart from securing presence and obtaining of bond with sureties under section 437A CrPC. etc.), failing which it is open to the learned Magistrate concerned by virtue of the power conferred by this order to cancel the bail.
[6] The petitioner shall not enter Chevella Mandal, where the village Damaragidda is situated, where the witnesses are residing pending trial.
6. Accordingly, the Criminal Petition is allowed.”
//TRUE COPY// ASSISTANT REGISTRAR for ASSISTANT REGISTRAR To
1. The Additional District & Sessions Judge, Viakarabad, Ranga Reddy District.
2. The Judicial Magistrate of First Class, Chevella, Ranga Reddy District.
3. The Station House Officer, Chevella Police Station, Ranga Reddy District.
4. The Superintendent, Charlapalli Central Prison, Hyderabad
5. Two CCs to Public Prosecutor, High Court, Hyderabad (OUT)
6. One CC to Sri. P. Shashi Kiran, Advocate (OPUC)
7. One Spare copy KK HIGH COURT DR.SSRBJ DT. 6-8-2014 BAIL ORDER CRL.P.NO.8684 OF 2014 DIRECTION Drafted by: KK Drafted on: 6-8-2014 HIGH COURT DR.SSRBJ DT. 6-8-2014 BAIL ORDER CRL.P.NO.8684 OF 2014 DIRECTION