Smt.Mohammedi Begum v. The State Of Telangana
[ 31s8 I
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD MONDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY :PRESENT:
THE HONOURABLE JUSTICE G SRI DEVI CRIMINAL PETITION NO: 755 OF 2020 Between:
Smt.Mohammedi Begum, W/o.Mohammed Habeeb Petitioner/Accused No.4 AND The State of Telangana, Through W.P.S.South zone. Rep. by its Public Prosecutor High Court of Judicature for the State of Telanga at Hyderabad 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 release the petitioner on bail in the event of arrest by the Police WPS, South Zone, Hyderabad, in connection with C.C.No.6351 of 20 19, XV Additional Chief Metropolitan Magistrate Court, Hyderabad, under sectlon 438 Cr.P,C, couNSEL FOR THE PETITIONER: SRI S SOMESHWAR RAO COUNSEL FOR THE RESPONDENT: ADDITIONAL PUBLIC PROSECUTOR ORDER:
I THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.755 ol2020 ORDER:
This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by the petitioner/accused No.4 seeking to grant anticipatory bail in the event of her arrest in Cdme No.198 of 2O18 on the file of Women Police Station, South Zone, Hyderabad, registered for the offences punishable under Sections 498-4 and 406 IPC and Sections 4 and 6 of the Dowry Prohibition Act
2. Heard learned counsel for the petitioner, learned Additional Public Prosecutor appearing for the respondentState and perused the record. 3.
The case of the prosecution in brief is that the de facto complainant married accused No.1 on 10.10.2014 as per Muslim customs and rites and her parents gave dowry and dowry articles accused per the demand of the accused; that accused No.1 started harassing the de facto complainant mentally and physically and gave every sort of trouble; and that while the matters stood thus, the de facto complainant came to know that accused No.1 married the petitioner for second time suppressing the first marriage and that her in-laws supported her husband-accused No.1.
4. Learned counsel for the petitioner submitted that the petitioner is innocent and has not committed any offence as alleged by the de facto complainant; that no case whatsoever
I .t under Sections 498-4 and 406 IPC and Sections 4 and 6 of the Dowry Prohibition Act are made out against the petitioner; that the petitioner was not present at the time of marriage of accused No.1 with the de facto complainant nor there is any demand of dowry by the present petitioner. Learned counsel further submitted that the Police has already filed the charge sheet in the present case, however no notice under Section 41-A Cr.P.C. has been served upon the petitioner, but the Court has issued non-bailable warrant against the petitioner and there is a threat of apprehension of the petitioner in the present case. Learned counsel further submitted that the petitioner is a law abiding citizen and she is ready to abide by any conditions that may be imposed by this Couft in the event of her enlargement on anticipatory bail.
5.
Learned Additional Public Prosecutor opposed to grant anticipatory bail to the petitioner.
6. Looking into the nature 6f allegations levelled against the petitioner and the facts and circumstances of the case, without delving into the merits of the case, I am inclined to grant anticipatory bail to the petitioner.
7. The Criminal Petition is accordingly allowed. The petitioner is directed to surrender before the Station House Officer, Women Police Station, South Zone, Hyderabad, within a period of 'l 5 days from the date of this order. On such surrender, the said Station House Officer shall release the petitioner/accused & bail on her executing a personal bond to l!
a v the tune of Rs.'15,0001 (Rupees Fifteen thousand only) with two sureties for the like amount each to his satisfaction. Further, the petitioner shall abide by the conditions stipulated in Section 438(2) Cr.P.C and co-operate with the lnvestigating Officer in investigating the case.
8. lrliscellaneous applications, if any pending in this criminal petition, shall stand closed.
.. .,/ ,^i * SD/. N, PURUS , ASSISTANT EDDY / lTRUE COPY / I SEC ON OFFICER To,
1. The XV Additional Chief Metropolitan Magistrate at Hyderabad.
2. The IV Additional Metropolitan Sessions Judge at Hyderabad' 3.TheStationHouseofficer,WomenPoliceStation,South Zone, HYderabad.
4. One CC to SRI' S SOMESHWAR RAO Advocate IOPUC] 5.TwoCCstoPUBLICPRoSECUToR,HighCourtatHyderabad. Iour]
6. One SPare CoPY GR
HIGH COURT GSDJ DATED: LO/02/ 2020
ORDER
.\\*ui\ .s .s , r+ l.
$ CRLP.No.755 of 2O2O BAIL l--.'