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I HIGH COURT OF JUDICATURE AT HYDERABAD : FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THURSDAY,THE ELEVENTH DAY OF OCTOBER TWO THOUSAND AND EIGHTEEN :PRESENT:

THE HONOURABLE DR. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION NO: 10557 OF 2018 Between:

1. Guguloth Madan, S/o. Baba

2. Guguloth Gajan, S/o. Ram Singh

3. Bathula Lasmaiah, S/o. Rama Swamy

4. Azmeera Bansiya, S/o. Jethya Petitioner/Accused 2 to 5 AND The State of Telangana, Rep., by the its Public Prosecutor, High Court at Hyderabad, Through P.S., Forest Section Officer, Bheem Nagar, Nizamabad District RespondenUCom plainant Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the memorandum of grounds filed in herein, the High Court may be pleased to grant anticipatory bail to the petitioners A.2 to A.5 In the event of their arrest in connection with POR No. 43/38 of 2018 on the file of P.S Forest Section Officer, Bheem Nagar, Nizamabad district The petition coming on for hearing, upon perusing the Petition and the Memorandum of grounds filed herein and upon hearing the arguments of Sri VIKAS JOSHI Advocate for the Petitioners, PUBLIC PROSECUTOR (TG) for the Respondent(s) and the Court made the following.

ORDER HONOURABLE Dr. JUSTICE B.5lVA SANKARA RAO Criminal Petition No.10557 of 2018 /

ORDER:

The petitioners are the accused in POR No.43l38 of 2018 on the fite of Potice Station Forest Section Officer, Bheem Nagar, Nizambad district, registered for the offences punishabte under Sections 307,353, 327,333,379 and 427 of IPC read with 58 and u/sec.7 and 20(i), C{ii), (iii), (iv), (v), (vii), (viii) and (ix) of T.S.Forest Act, '1967 and u/sec. 2(15)

and (37), 51('1 ) 2 of Witd Life Protection Act, 1972.

The atteged occurrence was on 14.07.2018 between 1.30 to 3.00 p.m. or so. The defacto-com ptainant-Forest Range Officer, Kammarpalty states that when he was proceeding towards compartment No.75 of the Reserve Forest Btock, Bheemgat of Bheemnagar, the accused persons were ptoughing in 2.8 Hectors area of Reserve Forest land and when he tried to stop them, they did not stop and abused him in fitthy and alter that he went to Manila vittage outskirts atong with his nursery watcher to catch the vehictes and the accused persons and after stopping the vehictes and the accused persons, they attacked him and he was rescued by vitlagers and from there he went to Rudrangi police station and todged a complaint to the Forest Section Officer, who registered crime referred supra and atso a crime No.42 of 2018 was registered by lhe Rudrangi potice for the offences punishabte under Sections 332 and 506 read with 34 IPC from the report of the defacto-comptainant in this regard.

6. lt is not a quash petition to go into sustainabitity or otherwise of both the crimes are common in ctubbing for common investigation by the Forest Section Officer by calting for the crime pending with the Rudrangi regutar police. Undisputedty, in that crime (cr.No.42 of 2018), the petitioners atong with A.1 were arrested and producpd to judicial custody and later was entarged on bail in Crt.M.P.No.644 of 2018 by the learned Magistrate, Vemulawada, dt.23.07.2018. So far as the present crime is concerned, they were arrested and later enlarged on regutar bai[. The main atlegations are against the A.1, on perusal of report including from the eartier report in Cr.No.42 of 20'18 referred supra.

Taking into consideration of atl these facts, anticipatory bail is granted to the petitioners subject to the foltowing conditions:-

1.

Petitioners shatl within fifteen (15) days from today surrender before the S.H.O. concerned and execute a setf-bond for Rs.50,000/- [Rupees fifty thousand onty] with two sureties for like sum each to the satisfaction of the arresting authority, otherwise giving liberty to the petitioners to submit within said '15 days from now before the JudiciaL Magistrate of First Class having the jurisdiction, for taking into custody and to entarge as above. The bond to be obtained is not onty to appear before the Court for enquiry or trial and even after trial to appear before revisiona[ or appettate Court or other superior Court-vide decision - Pre-Legat Aid Committee, Jamshedpur v. State of Delhi 1982 [2] APLJ a3 (SC); so that at stage of committal or other proceedings obtaining of fresh bond from accused and even affidavits of sureties of bonds and sotvency eartier produced are ratifying and in existence and enforceabte, without even insisting their further presence, such recourse quickens the proceedings at other stages before that Court or other Court without loss of time and it also to some extent compties with the requirement of Section 437A Cr.P.C.

2.

Petitioners sha[[ report before the investigating officer on every Wednesday and Sunday titt fiting of report/charge sheet as the case may be and thereafter once in a month on 1't Sunday between 5.00 p.m to 6.00 p.m titt comptetion of tria[/enquiry for assurance of her/his/their availability to safeguard the interest of the prosecution of jumping bail and interference with witnesses untiI further orders being passed by the learned tria[ Judge relaxing the same, empowering him by virtue of th is order.

J

3. Petitioners shatl attend before the Court of law regularly in enquiry and trial without fait, if not h

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