SARFARAZ KHAN Vs. STATE OF T S

JUDGEMENT

(1.) This Criminal Petition under Section 438 of Cr.P.C. is filed by the petitioners/A.2 and A.4, seeking anticipatory bail in Crime No.229 of 2019 on the file of the Station House Officer, Humayunnagar Police Station, Hyderabad registered for the offences punishable under Sections 307 and 341 read with 34 IPC.

(2.) The contents of the complaint lodged by the defactocomplainant are that on 09.08.2019 at around 10.30p.m. when he was going to home along with his brother-Azhar Ali and when they reached Noor Pan shop, Ex-servicemen colony, at that time, A.2-Sarfaraz stopped them and started unnecessary argument with them by saying that he also belongs to Ex-servicemen colony. Meantime, the A.2 called his brother-Shanawaz(A.1) available in Pan shop who came with his friends/other accused with knife and knuckle duster and immediately Shanawaz(A.1) took out the knife and attacked on his palm. Meanwhile brother of the defacto-complainant Azhar Ali tried to stop the Shanawaz (A.1), but they also attacked on his brother's stomach and hands with knife with the help of other persons and caused severe injuries.

(3.) Learned counsel for the petitioners contend that the petitioners/A.2 and A.4 are falsely implicated by the police. There is no specific overt act against them. In fact, the name of the A.4 is nowhere mentioned in the First Information Report and complaint for the alleged participation in the commission of offence nor his presence established with the material on record by the concerned police. Hence, the A.4 is falsely implicated in this case. From the remand report dt.12.08.2019 the petitioner No.1/A.2 did not commit the alleged offence. The police have recovered the alleged knife from the A.1 who is already enlarged on bail. The police also examined material witnesses including eye witnesses which show that the investigation is almost completed. It is further contended that the petitioners are ready to abide by any of the conditions imposed by this Court and would cooperate with the investigation, if they are released on anticipatory bail in the event of their arrest in connection with the aforesaid crime.