HON'BLE Dr. JUSTICE CHILLAKUR SUMALATHA
CRIMINAL REVISION CASE No.736 of 2022
ORDER:
1. Challenge in this revision case is the order dated 26.10.2022 that is rendered by the Court of Principal Sessions Judge, Warangal at Hanumakonda, in Crl.M.P.No.580 of 2022 in Crime No.179 of 2022 of Mamnoor Police Station.
2. Heard Sri A.Prabhakar Rao, learned counsel for the revision petitioner as well as the learned Additional Public Prosecutor who is representing the respondent.
3. Upon hearing the learned counsel for the petitioner, learned Additional Public Prosecutor and on going through the entire material that is available on record, what could be perceived by this Court is that the petitioner, who is arrayed as Accused No.2 in Crime No.179 of 2022 of Mamnoor Police Station, was arrested on 26.09.2022 and was produced before the Court of Judicial Magistrate of First Class, Warangal, seeking the Court to remand him to judicial custody. The Court, through order dated 29.09.2022, remanded the petitioner to judicial custody till 12.10.2022. The petitioner moved an application under 2 Dr.CSL,J Crl.R.C.No.736 of 2022 Section 437 Cr.P.C. seeking the Court to enlarge him on bail. The Court honoured the said request and through orders in Crl.M.P.No.77 of 2022, dated 30.09.2022, enlarged him on bail conditionally. The conditions imposed are as under:-
"(i) Petitioner/Accused No.2 shall not commit an offence similar to the offence of which he is accused.
(ii) The petitioner/Accused No.2 shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case.
(iii) The petitioner/Accused No.2 shall visit the P.S.Mamnoor every Sunday from 10.00 am to 5.00 pm till filing of charge sheet by P.S.Mamnoor.
In the result, the petition is allowed and the petitioner/Accused No.2 is enlarged on bail on furnishing personal bond of Rs.10,000/- with two sureties for the likesum each."
4. Subsequently, the State moved an application vide Crl.M.P.No.580 of 2022 before the Court of Principal Sessions Judge, Warangal, under Section 439(2) Cr.P.C. for cancellation of bail. The Court, through order dated 3 Dr.CSL,J Crl.R.C.No.736 of 2022 26.10.2022, cancelled the bail as prayed for. The petitioner was directed to surrender before the concerned Court on or before 25.11.2022 and the trial Court was directed to commit the petitioner to judicial custody on his surrender. Aggrieved by the said order, the petitioner is before this Court.
5. Making his submission, learned counsel for the petitioner contends that basing on the reason stated in the remand report, the learned Magistrate remanded the petitioner to judicial custody and thereafter, the petitioner moved an application for grant of bail and bail was granted conditionally. Learned counsel states that none of the conditions imposed were breached by the petitioner. However, basing on unreasonable grounds, the State moved an application for cancellation of bail and the Court of Principal Sessions Judge, Warangal at Hanumakonda, cancelled the bail. Learned counsel, by stating thus, seeks the Court to set-aside the order by which bail was cancelled.
6. Per contra, the submission of the learned Additional Public Prosecutor is that the Court below did not give any 4 Dr.CSL,J Crl.R.C.No.736 of 2022 opportunity for the State to file counter and oppose the application which was filed by the petitioner for grant of bail and in case, such an opportunity was accorded, the State would have filed a counter opposing the application and further, the petitioner was released on the very next day of arrest and hence, the State moved an application for cancellation of bail.
7. Learned Additional Public Prosecutor did not bring any acts of the petitioner to the notice of this Court by which it can be presumed that the petitioner has deviated or violated any of the conditions imposed by the Court which granted bail. Further, a perusal of the remand report discloses the reasons for arrest. The same are as under:-
"REASONS FOR ARREST OF ACCUSED:
1. To prevent such person from committing any further offence.
2. For proper investigation.
3. To prevent such person from causing the evidence of offence to disappear or tampering evidence.5
Dr.CSL,J Crl.R.C.No.736 of 2022
4. To prevent such person from making indecent, threat or promise to any person acquainted with the fac ts of the case so as to dissuade him from disclosing such facts to the Court or to the police officer.
5. The accused A1 to A3 have not furnished sufficient sureties for their release on bail.
6. If the accused is not arrested, he may commit similar offence relating to crime against woman.
7. This is serious crime against woman case. If the accused are granted bail, it will send wrong message to the society that the influential, powerful persons can go scot free irrespective of the gravity of offence they have committed."
8. In the reasons for arrest, it is clear that the petitioner i.e. Accused No.2, has not furnished sufficient sureties for his release on bail. This itself reveals the mind of Inspector of Police, Mamnoor Police Station, to release the petitioner on bail in case he had furnished sufficient solvency. In the application filed for cancellation of bail, one of the grounds urged i.e. Ground No.3 is as under:-
"3. It is respectfully submitted that the order granting bail to the accused in apparently whimsical, capricious and perverse in the facts of in this case, the Hon'ble lower Court did not considered principle 6 Dr.CSL,J Crl.R.C.No.736 of 2022 governing denial and grant of bail, it is duty of Hon'ble lower Court need to indicate reasons particularly in cases of grant or denial of bail where the accused is charged with a serious offence."
Another ground urged i.e. Ground No.11 is as under:-
"11. It is respectfully submitted that there is sufficient evidence which clearly established the crime committed by the accused Nos.1 to 3, but the Hon'ble lower Court arbitrarily and biasedly passed impugned order granting bail to respondents, without applying its judicial mind."
9. The said application was moved by the State represented by the in-charge Public Prosecutor as could be found in the said application. The Public Prosecutor besides narrating the order of the learned Principal Judicial Magistrate of First Class, Warangal, as whimsical, capricious and perverse, also stated that the learned Magistrate arbitrarily and biasedly passed the impugned order. Learned Additional Public Prosecutor failed to state the alleged bias or arbitrary act on the part of the learned Magistrate who passed the said order. Such a narration is condemnable.
7
Dr.CSL,J Crl.R.C.No.736 of 2022
10. When the order of the learned Principal Sessions Judge is gone through, this Court finds that learned Judge, discussing at length with regard to various judgments governing the field, has come to a conclusion that there are grounds to cancel the bail. However, learned Judge failed to appreciate the fact that in the remand report itself, the Inspector of Police expressed his opinion that the petitioner did not furnish sufficient sureties for his release on bail. No convincing material is on record to show that the petitioner on release, has committed any such or similar offence or hampered the investigation or is tampering the evidence. Also, as earlier indicated, it is not the version of the prosecuting agency that the petitioner has deviated any of the conditions laid down by the learned Magistrate while enlarging him on bail. Therefore, this Court is of the view that the order under challenge is unsustainable and is liable to be set-aside.
11. Resultantly, the Criminal Petition is allowed. The order that is rendered by the Court of Principal Sessions Judge, Warangal at Hanumakonda, in Crl.M.P.No.580 of 8 Dr.CSL,J Crl.R.C.No.736 of 2022 2022 in Crime No.179 of 2022 of Mamnoor Police Station, dated 26.10.2022, is consequently set-aside.
14. As a sequel thereto, pending miscellaneous applications, if any, shall stand closed.
________________________________________ Dr.JUSTICE CHILLAKUR SUMALATHA Dt.15.11.2022 Note:Issue CC by Friday.
ysk 9 Dr.CSL,J Crl.R.C.No.736 of 2022 HON'BLE Dr. JUSTICE CHILLAKUR SUMALATHA CRIMINAL REVISION CASE No.736 of 2022 Dt.15.11.2022 Note:Issue CC by Friday.
ysk 10 Dr.CSL,J Crl.R.C.No.736 of 2022