Boini Lavan Kumar , Lavan v. The State of Telangana
Court: High Court for State of Telangana
Bench: K.LAKSHMAN
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2020-12-11. Boini Lavan Kumar , Lavan v. The State of Telangana. Read the judgment and case details on...
Judgment text
13168 I IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE ELEVENTH DAY OF DECEMBER TWO AND TWENTY J]HOUSAND :PRESENT: THE HONOURABLE SRI JUSTICE K. LAKSHMAN CRIMINAL PETITION NO: 6013 OF 2020 Between: /' Boini Lavan Kumar @ Lavan, S/o. Klshan. Petitioner/Accused AND -" 1 The State of Telangana, through S. H. O. , P. S. Gangadhara, Karimnagar District, represented by Public Prosecutor, High Court at Hyderabad. 2. Koppula Venkati, S/o. Ankaiah, Age 53 Years, Occ. Cooli, Rl/o. Madhura Nagar, Gangadhara, Proper and Mandal, Karimnagar Distiek' RespondenUComplainant Petition under Section 437 & 439 of Cr. P. C, praying that in the circumstances stated in the Criminal Petition, the High Court may be--pleased to enlarge the petitioner/Accused, arrested in Crime No. 161 of 2020, of P. S. Gangadhara, Karimnagar District, on such terms and conditions as this Honble court may deem fit and proper in the interest of justice.
The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri K VEN-UMADHAV, Advocate for the Petitioner, PUBLIC PROSECUTOR (TG) for the Respondent NO. 1, the Court made the following. '/'' ORDER: THE HONOURABLE SRI JUSTICE K. LAKSHMAN CRIMINAL PETITION No. 6OL3 OF 2O2O ORDER: This is an application for regular bail. The petitiorrer herein is the: sole accused in Crime No. 161 ol 2020 of P. S. Gangadhala, Karimnagar District. The offences alleged against the pr:titioner are under Sections 34 1, 506 and 306 IPC and under Sections 3(i) (1) (zb) of Scheduled Castes and Scheduled Tribes, Prevention ol Atrocities Act. 2. Heard Sri K. Venumadhav, learned counsel for the petitioner and learned l)ub1ic Prosecutor. 3. The: allegation against the petitioner herein is that on 07. 09.
202C), the petitioner has restrained the deceased Koppula Sai K-Lmar to join into his gang with an intention to cause physical harm or mental agony to him who belongs to schedule caste. It is further alleged that when the deceased relused to join, the accused threatened him r,vith dire consequences t-o kil1. The deceased vexed on hrs lile committed suicide by jumping into the agricultural we1l. 4. Acco:ding to the learned counsel for the petitioner. the Police hav,: arrested the petitioner on 10. 09. 2020 on execution of Frl warrant. The Investigating Olficer has recorded the stzrtements of 6 witnesses including the material rvitne sge s. 5. Learned Public Prosecutor on instructions would submit that the petitioner herein is involved in 24 cases and P. D. Act proceedings were also initiated against him. The details of the aid cases are specifically mentioned in the instructions dated 18. 09. 2020. 6.
Learned counsel for the petitioner would submit that petitioner herein was enlarged on bail in all the above said crimes and in some of the crimes, the petitioner got acquitted. 7. Learned counsel for the 2nd respondentlde facto complaint would submit that petitioner herein has committed serious offences and there are serious allegations against him and the petitioner herein is a habitual offender. Therefore, considering the same, the present application may be dismissed. 8. As stated above, Investigating Officer has compieted investigation a-lmost by recording the statement of 6 witnesses including the material witnesses. The Honble Apex Court held that the bail application filed by the accused cannot be rejected on the ground that he has involved in several cases in which he was already granted bail. In a bail application, the Court has to consider the hM right of the accused enshrined under Articl e 27 of Constitutiorr of India. Admittedly, the petitioner is in jail from 10. 09.
2020. (i) The petitioner shall execute personal bond for a sum of ils. 10,000/- (Rupees ten thousand onl5,) with tlvo sureLies for the like sum each to the satisfaction of the First Additional Judicial First Class Magistrate at Vemulavrida. (ii) The petitioner shall appear before the Station House OlTicer, P. S. Gangadhara, Karimnagar District, everyday between 10. 00 AM and 5. 00 PM, till completicn ol investigation and filing of charge sheet. (iii) The petitioner sha1l cooperate with the Investigat ing Officer. 1 1. Liberrtv is granted to the learned Public Prosecutor to file an appl r:ation for cancellation of bail in the errent of petitioner violeL,,ing an1, of the above said conditiot-rs and involving in anrr other case. Miscellaneous petitions pending, if any, shall stand disposed of. Sdi - M. ItlAN. itiLA ASSISTANT REGISTELq. R //TRUE COPY// SECTION OFFICER To, 1 . The V Addl. Sess ions Judge, Karimnagar' \ at Vemulawada' 2. The First Addl. Jtrdicial First Clas(-tvlagistrate 3.
The Superintenclent, District Jail,Sarimnagar' 4. TheStationHous;eOfficer,PSGangadhara'KarimnagarDistrict 5. One CC to SRI l( VENUMADHAV, Aidvocate IOPUCI High court at Hyderabad (oUT) 6. Two ccs to PUIlLlc PRosEcuToR{+6), 7. One spare coPY mvJ HIGH COURT KL,J . /i a b ! - DATED:1 11121i2020 *"$ . /rciH + ORDER CRLP. No. 6013 ot 2020 BAIL
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