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High Court for State of TelanganaCRLP/255/2018allowed no costs

Muddagoni Srinivas Goud v. State Of Telangana

2018-01-19T. Rajani4 pages

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH FRIDAY, THE NINETEENTH DAY OF JANUARY, TWO THOUSAND AND EIGHTEEN : PRESENT:

THE HON'BLE SMT JUSTICE T.RAJANI CRIMINAL PETITION No. 255 of 2018 Between:

Muddagoni Srinivas Goud, S/o. Veeraswamy Petitioner (Accused in Cr.No.590/2017 of P.S.Ghatkesar) AND

1. The State of Telangana, through SHO, P.S. Ghatkesar, High Court of Judicature at Hyderabad, rep by Public Prosecutor.

2. Smt. Muddagoni Sravani, W/o. Srinivas Goud, Occ: Housewife, R/o. H.No. 2129, Ghatkesar, Rachakonda. Respondents Petition under Section 438 of Cr.P.C. praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to enlarge the petitioner on bail in the event of his arrest in connection with Crime No. 590/2017 on the file of P.S. Ghatkesar.

The Petition coming on for hearing, upon perusing the petition and the grounds filed herein and upon hearing the arguments of Sri P.Ananth Nageswar Rao, Advocate for the Petitioner and of the Public Prosecutor (TG) for the Respondent, the Court made the following ORDER:

" This petition is filed seeking for grant of anticipatory bail to the petitioner, who is accused in Crime No.590 of 2017 on the file of the Station House Officer, Ghatkesar Police Station, Rachakonda District. The offences alleged are under Sections 420, 498-A IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961. 2.

Heard the counsel for the petitioner and the Public Prosecutor appearing for the 1st respondent.

3.

The counsel for the petitioners submits that the marriage between the petitioner and the 2nd respondent/de facto complainant took place on 11.08.2017 and the de facto complainant left her matrimonial house on 20.08.2017 and thereby, the petitioner filed O.P.No.2390 of 2017 seeking for restitution of conjugal rights. As a counter blast to the OP filed by the petitioner, the present complaint is filed by the 2nd respondent.

4.

Hence, from the above facts, it appears that the present complaint is only a counter blast to the OP filed by the petitioner herein. 5.

In view of the above, this court is of the opinion that this is a fit case for granting anticipatory bail.

6.

Accordingly, the Criminal Petition is allowed. The petitioner is directed to surrender before the Station House Officer, Ghatkesar Police Station, Rachakonda District, within 15 days from the date of this order. On such surrender, the petitioner shall be released on bail on his executing a personal bond for a sum of Rs.20,000/- (Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of the said Station House Officer. Further, on such release, the petitioner shall abide by the conditions mentioned under Section 438(2) Cr.P.C., as under:

i) The petitioner shall make himself available for interrogation by a police officer as and when required.

..2..

ii) The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

iii) The petitioner shall not leave India without the previous permission of the Court.

As a sequel, the miscellaneous applications, if any pending, shall stand closed."

ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To

1. The XIII Metropolitan Magistrate, Cyberabad at L.B.Nagar.

2. The SHO, Ghatkesar Police Station, Rachakonda District.

3. Two CCs to the Public Prosecutor (TG), High Court, Hyd(OUT)

4. One CC to Sri P.Ananth Nageswar Rao, Advocate(OPUC)

5. One spare copy.

SAH

HIGH COURT TRJ DATED: 19-01-2018

ORDER

CRL.P.NO. 255 OF 2018 ANTICIPATORY BAIL

DRAFTED BY: SAH APPROVED BY:

DRAFTED ON: 22-01-2018 HIGH COURT TRJ DATED: 19-01-2018

ORDER

CRL.P.NO. 255 OF 2018 ANTICIPATORY BAIL