Sri Sreyas Reddy vs State Of Telangana And Another
2021 Latest Caselaw 1207 Tel

                      THE HONOURABLE JUSTICE G. SRI DEVI

                       CRIMINAL PETITION No.3281 of 2021
ORDER:

The Criminal Petition, under Section 438 of the Code of Criminal

Procedure, 1973, is filed by the petitioner seeking transit bail for a

period of six weeks in Crime No.54 of 2021 of Kodigehalli Police Station,

Bengalore District, which was registered for the offences punishable

under Sections 302, 307, 143, 147, 150 and 149 of I.P.C.

Heard the learned counsel appearing for the petitioner, learned

Assistant Public Prosecutor appearing for the 1st respondent-State and

perused the record.

Learned Counsel for the petitioner contends that the petitioner

has been falsely implicated in this case and there is no material to

connect the petitioner with the alleged offences and that he is a

resident of Hyderabad. He further submits that he is suffering from

Covid-19 and he has been admitted in Citi Neuro Centre, Banjara Hills,

Hyderabad on 05.04.2021 vide IP No.IP21000895. Therefore, he seeks

anticipatory transit bail as the police are forcibly trying to apprehend

him in high handed manner. Learned Counsel for the petitioner relied

upon the judgments of the Bombay High Court in Nikita Jacob

Applicant v. The State of Maharastra1 and in Shantanu Muluk v. State

of Maharashtra2.

There is no quarrel with the proposition that this Court would

have the power to grant anticipatory transit bail, however prior to

exercise of the discretionary power this Court has to examine as to

A.Bail Appl.No.441 of 2021

A.Bail Appl.No.154 of 2021

whether in the facts and circumstances warrant grant of anticipatory

transit bail. Anticipatory Transit Bail is not for the mere asking.

Further, the offences involved in the first judgment relied upon

by the learned Counsel for the petitioner are under Sections 124-A, 153,

153-A and 120-B of I.P.C. and in the second judgment the offences are

under Sections 153-A and 120-B of I.P.C., but in the instant case the

offences alleged against the petitioner and others are under Sections

302, 307, 143, 147, 150 and 149 of I.P.C., as such the judgments relied

upon by the learned Counsel are not at all helpful to the petitioner.

Moreover, a perusal of the contents of the First Information

Report would show that there are specific allegations against the

petitioner that he, along with his father, appointed contract killers by

conspiring to kill Suresh Kanaji. Further, the anticipatory bail

application filed by the petitioner before the concerned Court is

pending. Since the offences involved in this crime are serious and

heinous in nature, I am not inclined to grant anticipatory transit bail to

the petitioner.

Accordingly, the Criminal Petition is dismissed.

Miscellaneous petitions, if any, pending in this Petition shall stand

closed

________________ JUSTICE G.SRI DEVI 16.04.2021 gkv