Vissa Dhanunjay And 3 Others v. The State Of Telangana
[ 31s8 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD FRIDAY, THE THIRTY FIRST DAY OF ]ANUARY TWO THgUSAND AND TWENTY '/ :PRESENT:
THE HONOURABLE JUSTICE G SRI DEVI CRIMINAL PETITION NO: 524 OF 2O2O Between:
1. Vissa
2. Vissa
3. Vissa
4. Podili Dhanunjay s/o Nageswara Rao, Nageswara Rao, s/o Subba Rao, Ramadevi, w/o Nageswara Rao, Chandra Lakshmi Prasanna, Petitioners/Accused Nos. 1r31214 AND The State of Telangana, through S,H,O. Kusaiguda Police tatio n, Rachakonda, rep by its Publlc Prosecutor, High Cour vderabad Respondent/ Complainant Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to enlarge the petitioners herein on bail in the event of their arrest in connection with FIR.No.753 of 2019 of Kusaiguda Police Station, Rachakonda, R. R. District The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of SRI KONDIPARTHI V RATNAKAR Advocate for the Petitioners and the Additional PUBLIC PROSECUTOR for the Respondent, the Court made the following. ORDER:
TllE: HONOURABLE JLISTICE G. SRI DEVI ClllMlNAL PETITION No.524 of 2020 ORDER:
This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by petitioners/A1, 43, 42 and A4, seeking to grant anticipatory bail to them in Crime No.753 of 2019 on the file of Kusaiguda Police Station, Rachakonda District, registered for the offences under Sections 498-4, 506 IPC and under Sections 3 and 4 of Dowry Prohibition Act.
2.
Heard learned counsel for the petitioners/A1, A3, A2 and 44, learned Additional Public Prosecutor representing the respondentState and perused the record.
3. lt is alleged in the complaint that the marriage of de-facto complainant was performed with 41 on 28.06.2018 and after some time of their marriage, A1 at the instigation of 42 to A4 used to harass her mentally and physically and gave her false information and that A1 had illegal affair with some other lady and that due to their unbearable harassment, the de-facto complainant went to her parents'house.
4.
Learned counsel for the petitioners submits that petitioner Nos.2 and 3 are parents, petitioner No.4 is the married sister of the 1"t petitioner/A1 and that they have not committed any offence as alleged and they have been falsely implicated in the crime. He further submits that except the customary presentations, there was no exchange of dowry and that the de-facto complainant used to live at her parents' house for days toqether. He further submits that A2 to A4 are residing separately from the de-facto complainant and 41 --/
and as such, the question of harassment does not arise. He further submits that the petitioners have got fixed abode and they are ready to furnish sufficient sureties to the satisfaction of the Court and they shall abide by any condition imposed by this Court. 5.
Learned Additional Public Prosecutor vehemently opposed to grant antlcipatory bail to the petitioners.
6.
ln view of the nature of allegations leveled against petitioners 2 to 4143, A2 and 44 and other facts and circumstances, without adverting to the merits of the matter, lam inclined to grant anticipatory bail to petitioner Nos.2 lo 4lA3,A2 and 44. Since there are specific allegations against the 1't petitioner/A1, I am not inclined to grant anticipatory bail to him and accordingly, his prayer for anticipatory bail is rejected.
7.
Accordingly, the Criminal Petition is partly allowed and petitioner Nos.2 to 41A3, A2 and A4 are directed to surrender before the Station House Officer, Kusaiguda Police Station, Rachakonda District, within a period of 10 days from the date of this order. On such surrender, the said Station House Officer shall release petitioner Nos.2 to 41A3, A2 and A4 on bail on their executing a personal bond for a sum of Rs.15,000/- (Rupees fifteen thousand only) each with two sureties for a like sum each to his satisfaction. On such release, the petitioner Nos.2 to 41A3, A2 and 44 shall abide by the conditions stipulated in Section a3B(2) Cr.P.C and co-operate with the investigating officer in investigating the case. 9.
The Criminal Petition is dismissed against the 1't petitioner/Al .
at
10. Miscellaneous applications, if any pending in this criminal petition, shall stand closed.
t6ynt* Sd/- ]\,T. MANJULA I.SS)S'I,\NT / /rRUE COPY / / SE CTION OFFICER \ To ,
1. The XIX Additlonal Metropolitan_Magflstrate, Cyberabad at Malkajgiri,
2. The Station House Officer, Kusaiguda Dolice Statlon, Rachakonda
3. One CC to SRI. KONDIPARTHI V RATNAKAR. Advocate [oPUC]i --.....-
4. Two C$to PUBLIC PROSECUTOR, High Court at Hyderabad. [our] /
5. One Spare Copy GR
HIGH COURT GSDJ DATED:31 /Ot12O2O
ORDER
CRLP.No.524.of '2O2O 1i4 \L( o I3I Jill t 2Utl z e) i BAIL 5ESFafau