Mohammedd. Osman Ali v. The State Of Telangana
HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND STATE OF ANDHRA PRADESH FRIDAY, THE SECOND DAY OF FEBRUARY, TWO THOUSAND AND EIGHTEEN :PRESENT:
THE HON`BLE SMT JUSTICE T. RAJANI CRIMINAL PETITION NO: 908 OF 2018 Between:
1. Mohammed Osman Ali, S/o.Late Mohammed Ali
2. Mumtaz Begum, W/o.Mohammed Isman Ali .....Petitioners/Accused No.2 and 3 AND The State of Telangana, Rep by Public Prosecutor, High Court Judicature at Hyderabad. .....Respondent/Complainanat Petition under Section 438 of Cr.P.C praying that in the circumstances stated in the memorandum of grounds filed herein the High Court may be pleased to grant anticipatory bail to the petitioners/Accused No.2 and 3 thereby directing the Station House Officer, Shadnagar Police Station to enlarge the petitioners/Accused No.2 and 3 on bail, in the event of their arrest in Crime No.178 of 2017 on the file of the Shadnagar P.S., Cyberabad. The petition coming on for hearing, upon perusing the Petition and the memorandam of grounds filed in support thereof and upon hearing the arguments of Mr.M.A.Mujeeb, Advocate Petitioner and learned Public Prosecutor (TG) for Respondent. The Court made the following Order:
This Criminal Petition is filed seeking for grant of anticipatory bail to the petitioners, who are accused Nos.2 and 3, in Crime No.178 of 2017 on the file of the Station House Officer, Shadnagar Police Station, Cyberabad District. The offences alleged are under Sections 498-A and 306 of I.P.C. 2.
Heard the learned counsel for the petitioners, learned Public Prosecutor appearing for the respondent-State, and perused the record. 3.
Learned counsel for the petitioners submits that the other accused in this case, except accused No.1, were already granted anticipatory bail and that the allegation made against these petitioners is the same, which was made against the other accused, who were granted anticipatory bail. Learned counsel further submits that accused No.1 obtained regular bail.
4.
A perusal of the complaint would show that same allegations are made against all the accused.
5.
Hence, considering the above, this Court opines that this is a fit case for grant of anticipatory bail to the petitioners. Accordingly, the Criminal Petition is allowed. The petitioners/accused Nos.2 and 3 are directed to surrender before the Station House Officer, Shadnagar Police Station, Cyberabad District, within 15 days from the date of this order. On such surrender, the petitioners/accused Nos.2 and 3 shall be released on bail on condition of each of their executing a personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) each with two sureties for a like sum to the satisfaction of the said Station House Officer. Further, on such release, the petitioners/accused Nos.2 and 3 shall abide by the conditions mentioned under Section 438(2) Cr.P.C., as under:
1) The petitioners shall make themselves available for interrogation by a police officer as and when required;
2) The petitioners 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; and
3) The petitioners 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 Station House Officer, Shadnagar Police Station, Cyberabad.
2. The Special Sessions Judge cum VII Additional Sessions Judge, Mahabubnagar.
3. The Additional Judicial First Class Magistrate, Shadnagar, Mahabubnagar District.
4. Two CCs to the Public Prosecutor (TG), High Court at Hyderabad (OUT)
5. One CC to MR.M.A.Mujeeb, Advocate [OPUC]
6. One spare copy
HIGH COURT TR,J DATED: 02.02.2018 CRL.P.NO.908 OF 2018 ANTICIPATORY BAIL
TRk Dated: 05.02.2018 HIGH COURT TR,J DATED: 02.02.2018 CRL.P.NO.908 OF 2018 ANTICIPATORY BAIL