Dayyala Beeraiah vs The State of Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE SECOND DAY OF JUNE TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE N'TUKARAMJI c MINA PETI TION NO: 4498 OF 22 Between: Dayyala Beeraiah, S/o.

Pedda Mallaiah' ...PETITIONER/ACCUSED NO.3 AND The State of Telangana, through S.H O of.P S' Kodimial' Rep by Public Prosecutor' High Court for the State of Telangana at HyoeraDao ...RES'ONDENT Petition under Section 438 of Cr'P C praying that in the circumstances statedintheMemorandumofGroundsofCriminalPetition,theHighCourtmaybe pleased to grant anticipatory bail to the petitioner/Accused No'3' in the event of his arrestinCrimeno.75t2o22dated13tO4t2O22,lJnderSection341,307,506R/w 34 of lPC, on file of kodimial P.S., Jagtial District, and pass such other order or ordersasthisHon,bleCourtdeemsfitandproperinthecircumstancesofthe CASE This Petition coming on for hearing, upon perusing the Memorandum of GroundsofCriminalPetitionanduponhearingtheargumentsofSriERlGl GANESH,AdvocateforthePetitionerandoftheAdditionalPublicProsecutoron behalf of the sole ResPondent.

The Court made the following: ORDER THE HON'BLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION No.4498 of 2022 ORDER: This Criminal Petition is fi1ed by the petitioner/ accused No.3 seeking pre-arrest bail in Crime No.75 of 2022 on the hle of Kodimial Police Station, Jagtial District, registered for the offences punishable under Sections 307, 34 1 and 506 read with 34 of I.P.C.

2.

It is alleged that on 13.04.2022, the petitioner/ Accused No.3 along with other accused wrongfully restrain the brother of de facto complainant, beat him indiscriminately with sticks over his right chest, left shoulder and on anterior of head and threatened with dire consequences.

3.

Learned counsel for the petitioner denied the allegations and pleaded that the petitioner is no way involved in the offence, but falsely implicated in this case.

However, the petitioner is suffering from old age ailment. e ailment.s ancl apprehending arrest by the police, hence and prayed for grant of anticipatory bail.

4.

Learned Assistant Public Prosecutor submits that the police report is disclosing specilic relerence of petitioner and his overt acts in commission of the olfence.

Further, the investigation is still pending.

I \ ) 5.

I have perused the record.

The record is suggesting obvious acts of the petitioner in the alleged offence and petitioner has not able to point any circumstance to depict prosecution case is inherently doubtful or false implication.

As there is prima facie case, and in absence of any tenable ground, this court is of the opinion that the petitioner is not entitled for discretionary relief of anticipatory bail.

6.

Accordingly, the Criminal petition dismissed.

Miscellaneous petitions, if any, pending shall stand closed. \ //TRUE COPYII Sd/.P.PADMANABHA REDDY ASSTSTAy_REGTSTRAR L II) SECTION OFFICER To 1 2 3 The Court of ll Additional Judicial First Class Magistrate, at Jagtial.

The S_tation House Officer, Police Station, Kodimial, Jagtial Dijtrict.

Two CCs to the Public Prosecutor, High Court for the State of Telangana, Hyderabad (OUT) 9n" 99 to Sri Erigi Ganesh, Advocate (OPUC) Two CD Copies One Spare Copy 4. tr.

Kj B I I HIGH COURT DATED'.0210612022 ORDER CRLP.No.4498 of 1t022 DISMISSING THE CRL.P. i z'oJtltl2rz2 rP $E STA?- ,1 ,( ( .r 0EsPArcrr crP'E @ q \z*