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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