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HIGH COURT FOR THE STATE OF TELANGANA
Shaik Islamuddin and another – Appellant
Versus
The State of Telangana – Respondent
CRLP 4625/2022



AND

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

TUESDAY, THE FOURTEENTH DAY OF JUNE

TWO THOUSAND AND TWENTY TWO

PRESENT

THE HONOURABLE SRI JUSTICE K.SURENDER

CRIMINAL PETITION NO: 4625 OF 2022

The Court made the following: ORDER

Betwee n:

1. Shaik lslamuddin, S/o. Shaik Jani Miya, Aged about 46 Years, Occ.

President (AIRPS), R/o. 13-129, Shad Nagar, Near Rehmania Masjid,

Adilabad, Telangana.

2. ltha Ramesh Babu, S/o. I. Babu, Aged about 32 Years, Occ. Private

Employee, R/o. H.No. 4-2, Raidurgam, Hussainshawali, Dargha,

Golconda, Hyderabad

... Petitio ners/Accused No.3 and 4

The State of Telangana, represented by the Public Prosecutor, High

Court, at Hyderabad.

... Res pondenUComPla inant

Petition under Section 438 of Cr.P.C praying that in the

circumstances stated in the Memorandum of Grounds of Criminal Petition,

the High Court may be pleased to release on bail in the event of arrest of

the Petitioners, Accused No. 3 and 4 in Cr. No. 321 of 2022 before the

Police Station Banjara Hills.

This Petition coming on for hearing, upon perusing the Memorandum

of Grounds of Criminal Petition and upon hearing the argum6fits of Sri

JAKKULA SRIDHAR, Advocate for the Petitioners and the Assistant Public

Prosecutor on behalf of the Respondent.

Crl. Petition No.4625 of 2022

THE HONOURABLE SRI JUSTICE K.SURENDER

CRI MINA L PETITION No.4625 O F 2022

ORDER:

This Criminal Petition is filed under Secflon 438 of the Code of

Criminal Procedure, 1973 seeking pre-arrest bail to the petitioners,

who are arrayed as Accused Nos.3 and 4 in the event of their arrest

ln Crime No.321 of 2022 on the file of Banjarahills, Hyderabad

registered for the offences punishable under Sections 454-II, 427

and 506 read wlth Section 149 of Indian penal Code,

2.

Heard the learned counsel for the petitioners and learned

Assistance Public Prosecutor for the respondent-State. perused the

record.

3. The case of the prosecution is that Accused No.1 and the

de factocomplainant are claiming the propefty i.e. a flat which is the

subject matter of the present case. The said flat was given on rent

to the l't petitioner/Accused No.3, for which reason the present

complaint came to be filed.

1

C.l,Petition No.4625 ol 2022

4. The issue of the ownership in between Accused No'l and

de factocomplainant regarding the said flat, pending before the Civil

Court. In the said circumstances, Section 454-II does not attract'

5.

For the said reason, the respondent-Police are directed to

carry out the investigation by following the procedure as

contemplated under Section 41-A Cr.P.C and the guidelines

formulated by the Hon'ble Supreme Court in Arnesh Kumar v'

State of Biha,/scrupulously' It is needless to say, any deviation in

this regard will be viewed seriously.

6.

Accordingly, the Criminal Petition is disposed off'

7.

Miscellaneous applications pending, if any, in this criminal

petition, shall stand closed.

1 (2014) 8 SCC 273

SD/. K. ONESIM

ASSISTANT REGISTRAR

l.l/)

SECTION OFFICER

/iTRUE COPY//

1. The Special Sessions Judge for Fast Track Court to Atrocities Against

Women-l-cum-X Additional Metropolitan Sessions Judge, Hyderabad.

2. The Station House Officer, Banjara Hills Police Station, Hyderabad

District.

3. Two CCs to the Assistant Public Prosecutor, High Court for the State

of Telangana, at Hyderabad [OUT]

4. One CC to SRI JAKKULA SRIDHAR, Advocate [OPUC]

5. Two CD Copies

MMK

2

To,

I

HIGH COURT

KSJ

DATED:14106120i22

ORDER

CRLP.No.4625 of 2022

DISPOSING OF THE CRIMINAL PETITION

16 JUN Z|JIZ

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