Telangana High Court
Chirli Rahul vs The State Of Telangana on 6 February, 2024
Author: G. Radha Rani
Bench: G. Radha Rani
THE HONOURABLE DR.JUSTICE G. RADHA RANI
CRIMINAL PETITION No.1137 OF 2024
ORDER:
This Criminal Petition is filed by the petitioner-accused under Section 438 of Code of Criminal Procedure (for short, 'Cr.P.C.') for grant of anticipatory bail in Crime No.642 of 2023 dated 19.11.2023 on the file of the SHO, Bodhan for the offences under Sections 308 and 379 of the Indian Penal Code (for short 'IPC') and Section 3 of Prevention of Damage to Public Property Act, 1984 (for short, 'PDPP Act') and Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 (for short, 'MMDR Act').
2. The case of the prosecution in brief was that on 19.11.2023 at 11:30 hours, a report was given by the de-facto complainant stating that at about 10:30 hours on the same day when her husband was in front of their house, a tractor bearing No.TS16FF2807 along with trolley containing sand turned turtle and fell on her husband due to which her husband sustained bleeding injuries to his left leg.
3. Basing on the said report, the above crime was registered for the above offences by the Bodhan Police.
Dr.GRR,J Crl.P.No.1137_2024 2
4. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for respondent - State.
5. The learned counsel for the petitioner submitted that a small incident occurred on 19.11.2023, while reversing the tractor bearing No.TS16FF2807. The victim was shifted to hospital for treatment and two stitches were sewed to his leg and he was discharged within an hour. The police took the matter seriously and altered the provision of law from Section 337 to Section 308 of IPC due to the political pressure. The petitioner was apprehending his arrest and prayed to enlarge the petitioner on anticipatory bail.
6. The learned Additional Public Prosecutor opposed grant of bail to the petitioner.
7. However, considering that Section 308 of IPC is not applicable to the facts of this case and all the offences including Section 308 of IPC are punishable with imprisonment for not more than seven years and the police report given by the complainant as well as the photographs filed by the counsel for petitioner were disclosing that the victim sustained only a minor injury on his foot and only sutures were applied to it, it is considered fit to give a direction to the police to issue notice under Section 41-A Cr.P.C. and to comply the guidelines of the Hon'ble Apex Dr.GRR,J Crl.P.No.1137_2024 3 Court in Arnesh Kumar v. State of Bihar 1 scrupulously. However, the petitioner shall co-operate with the investigating officer and shall appear before him as and when required and produce all the documents and submit necessary information as required by the Investigating Officer.
8. In the result, this Criminal Petition is disposed of.
Pending miscellaneous applications, if any, shall stand closed.
_____________________ Dr.G. RADHA RANI, J Date: 06.02.2024 ss 1 (2014) 8 SCC 273