Damaraju Srihari Charan vs. The State Of Telangana
Held
The High Court, without delving into the merits of the case, modified the bail condition imposed by the Special Judge. The Court directed the petitioner to appear before the complainant on the third Monday of every month between 10:00 AM and 5:00 PM, instead of the first and third Monday as previously ordered. All other bail conditions were to remain unchanged. The Court reasoned that this modification was appropriate given the facts and circumstances presented, aiming to provide some relief to the petitioner while ensuring continued compliance with the investigation. The ratio decidendi is that bail conditions can be modified by the High Court under Section 482 Cr.P.C. based on the petitioner's compliance and without prejudice to the merits of the case.
Facts
The petitioner, Damaralu Srihari Charan, filed a criminal petition under Section 482 of the Cr.P.C. seeking relaxation of bail conditions imposed by the Special Judge for Economic Offences, Hyderabad. Initially, the petitioner was directed to appear before the complainant once a week, every Monday, between 10:00 AM and 5:00 PM. This condition was later modified by the Special Judge to require appearance twice a month, on the first and third Monday of every month. The petitioner argued that he had been complying with these conditions and sought further relaxation. The State, represented by the Public Prosecutor for GST, opposed the relief sought.
Key Issues
1. Whether the condition imposed by the Special Judge for Economic Offences, requiring the petitioner to appear before the complainant twice a month (first and third Monday), should be relaxed? Petitioner's Argument: The petitioner contended that he has been diligently complying with the bail conditions imposed by the Special Judge. He prayed for a relaxation of the existing condition, implying a desire for less frequent appearances. Respondent's (State's) Argument: The learned Assistant Public Prosecutor opposed the relief sought by the petitioner, without providing specific grounds or relying on any particular provisions, circulars, or precedents.
Sections Cited
Section 482
AI-generated summary — verify with the full judgment below
Between: AND Damaralu Srihari Charan, S/o.Bhaskara Rao Damaraju, Aged about '1 years, Occ: Business R/o. Flat No.1 901 , B-Block Ramky Towers, Gachibowli, Hyderabad - 500 032. HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION NO: 946 OF 2021 ...PETITIONER/ACCUSED ...RESPONDENT/COMPLAINANT Petition under section 482 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 relax the condition imposed by the Honourable special Judge for Economic offences at Hyderabad, while granting the bail in crl.tr/.P.No.354 of 2019 vide its order dt.03/10/2019 in directing the petitioner to appear on every Ir.4onday between
00 A[/ and 5.00 P[/ and further modified order in crl.tr4.P.No.254 01 2020 vide its order dl.28l12l2O2O in directing the petitioner to appear twice in a month i.e., First and Third lVlonday of every month. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri. T. Rajinikanth Reddy, Ad
The judgment continues below.
Read the full judgment
A free account opens 10 full GST judgments a month (one account works on both bharattax.net and this site). Re-reading one you have already opened does not count again.
The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.
Reproduced from the public record of the Telangana High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.