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Sapavath Nagulu vs The State Of Telangana on 21 August, 2019

THE HONOURABLE JUSTICE G. SRI DEVI

CRIMINAL PETITION No.4923 of 2019

ORDER:

This Criminal Petition, under Section 438 of the Code of

Criminal Procedure, 1973, is filed by petitioner/A6, seeking to grant

anticipatory bail in Crime No.139 of 2019 on the file of Karepally

Police Station, Khammam District, registered for the offences under

Sections 143, Section148, Section307, Section109 read with Section 149 IPC.

2. Heard learned counsel for the petitioner/A6, learned Additional

Public Prosecutor representing the respondent-State and perused

the record.

3. It is alleged in the complaint that due to boundary disputes, A1

to A6 hatched a plan to kill the victim, by name, Veeranna, and that

on 12.07.2019 at 6.00 PM., at railway gate, Kareppaly, A1 to A5,

under the supervision and as per the signs of A6, had attacked the

victim with sticks and stones resulting injuries all over his body.

4. Learned counsel for the petitioner/A6 submits that the

petitioner is innocent of the alleged offences as he has been falsely

implicated at the instigation of relatives of his wife due to serious

family disputes between them. He further submits that the petitioner

has filed GOP under Guardian and SectionWards Act, for custody of the

children and obtained orders in his favour, and challenging the

same, his wife preferred C.R.P.No.5419 of 2018 before the

Honourable High Court and the same was disposed of confirming

the orders of the lower Court and therefore, his wife and her relatives
2

had bore grudge and falsely implicated him in the aforesaid crime.

He further submits that the petitioner has to

look after his children and old aged mother and if he is arrested, they

will be put to hardship. He also submits that the petitioner is ready to

abide by the conditions imposed by this Court.

5. As seen from the contents of the FIR, there are specific

allegations against the petitioner/A6 that on his supervision and as

per his signs, A1 to A5 had attacked the victim with sticks and

stones causing bleeding injuries. Therefore, in view of the nature of

allegations against the petitioner/A6, this Court is not inclined to

grant anticipatory bail to him and his prayer for anticipatory bail is

rejected.

6. Accordingly, the Criminal Petition is dismissed. However, the

petitoner/A6 is directed to surrender before the trial Court within

10 days from today and move an application for bail, and on filing

such application, the trial Court may consider the same in

accordance with law.

7. Miscellaneous applications, if any pending in this criminal

petition, shall stand closed.

_
G. SRI DEVI, J
21st August, 2019

sj

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