The court may grant anticipatory bail based on the lack of prima facie evidence for the alleged offence and other relevant circumstances presented by the petitioner.

ORDER :

G. Sri Devi, J.

1. This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.'), is filed by the petitioner/A-3, for grant of anticipatory bail in Crime No. 290 of 2021 of Khanapur (II) Police Station, Khammam District, registered for the offence punishable under Sections 120B, 307 of IPC r/w. 34 of IPC.

2. Heard learned counsel for the petitioner/A-3 the learned Additional Public Prosecutor representing the respondent-State and perused the record.

3. The contents of FIR states that as per the report submitted by the de facto complainant on 08.08.2021, the accused/A-1 to A-3 along with some others, hatched a plan, engaged rowdy sheeters by giving money to them and providing deadly weapons and entered into contract with them to commit murder against the de facto complainant with criminal conspiracy due to land disputes.

4. Learned counsel for the petitioner/A-3 submits that there are land disputes between the petitioner and the de facto complainant and there is a civil suit in O.S. No. 526 of 2018, pending on the file of Principal Junior Civil Judge, Khammam. He further submitted that the petitioner/A-3 was at Shirdi on 08.08.2021 and hence no accusation can be attributed against the petitioner/A-3. He also submits that the petitioner/A-3 hails from a respectable family and also social worker maintaining a Goshala and that the petitioner/A-3 is ready to abide by any conditions that may be imposed by this Court and hence prayed for grant of anticipatory bail.

5. Though the allegations under Section 307 of IPC have been alleged against the petitioner/A-3, but however, no injury report, whatsoever, has been filed by the prosecution stating that there are no injuries received by any of the prosecution witnesses.

6. In the light of the submissions made by the learned Additional Public Prosecutor, it seems that prima facie, no case under Section 307 of IPC has been made out against the petitioner/A-3.

7. Thus, looking into the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner/A-3.

8. Accordingly, the Criminal Petition is allowed and the petitioner/A-3 is granted anticipatory bail subject to the following terms and conditions:

(1) The petitioner/A-3 is directed to surrender before the Station House Officer, Khanapur (II) Police Station, Khammam District, within a period of 15 days from the date of this order. On such surrender, the said Station House Officer shall release the petitioner/A-3 on bail, on his executing personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties for a like sum each to his satisfaction.

(2) The petitioner/A-3 shall appear before the Investigating Authorities as and when required by them for the purpose of investigation and shall also abide the conditions stipulated in Section 438(2) Cr.P.C. and co-operate with the investigating officer in investigating the case.

Miscellaneous applications, if any, pending shall stand closed.