Siva Nagaraju Reddy Ananthula v. The State Of Telangana

[ 31s8 ] rN rHE HrGH .orTrlilrlHi;I3r. oF TELANGANA THURSDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY :PRESENT:

THE HONOURABLE JUSTICE G SRI DEVI CRIMINAL PETITION NO: 1063 OF 2020 Between:

Siva Nagaraju Reddy Ananthula, S/o. Madhava Reddy. A Late, Petitioner/Accused No. 1 AND The State of Telangana/ rep. by Public Prosecutor, High Court of Telangana 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 grant anticipatory bail for the release of petitioner/Accused No.1 in the event of his arrest in Crime No. 07 of 2020, u/Sec. 4gg_A,323, IPC and 4 and 6 Dp Act by p.S.W.p.S, Begumpet, North Zone, Secunderabad, on the fire of the Honbre xv Addr, chief Metropolitan Magistrate at Hyderabad.

The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hCAriNg thc AT9UMCNIS Of SRI SUDARSHAN MALUGARI AdVOCAIC for the Petitioner and the ADDITIONAL PUBLIC PROSECUToR for the Respondent, the Court made the following. ORDER:

THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETtTtON No.1063 of 2020 ORDER:

This Criminal petition, under Section 43g of the Code of Criminal Procedure, 1973, is filed by the petitioner/accused No.1 seeking to grant anticlpatory bail in the event of his arrest in Crime No.7 of 2020 on the file of Women police Station, Begumpet, Hyderabad City, registered for the offences punishable under Sections 49g-A and 323 lpC and Sections 4 and 6 of the Dowry prohibition Act.

2. Heard learned counsel for the petitioner/accused No..l , learned Additional Public Prosecutor appearing for the respondent-State and perused the record.

3. The facts of the case in brief as per the complaint are that the petitioner herein-accused No.'1 , who is the husband of the de facto complainant, used to harass her mentally and physically from June 2019 onwards and also threatened to give divorce to the de facto complainant; that he used to demand additional dowry; and that accused No.2-mother of accused No.1/petitioner used to provoke the petitioner due to which, the petitioner manhandled the petitioner several times.

4. Learned counsel for the petitioner submitted that the de facto complainant in her complaint has clearly mentioned that she is not interested in counseling which fact demonstrates her conduct, behaviour and intention, that the complaint is nothing but a false and cooked up story which has been invented for

IE the purpose of this case and to harass the petitloner; that the delay of six days in lodging the complaint from the unfound date of physical hurt caused to the de facto complainant shows that the complaint is an invented story; and that except general and bald allegations, no specific overt acts whatsoever have been attributed against the petitioner to attract the penal provisions. Learned counsel further submitted that the petitioner is a law abiding citizen and is ready to abide by any conditions that may be imposed by this Court in the event of his enlargement on anticipatory bail.

5. Learned Additional Public Prosecutor vehemently opposed to grant anticipatory bail to the petitioner.

6. The investigation into the case is not yet completed. The truth or otherwise of the allegations levelled against the petitioner in the complaint are yet to be ascertained. Thus, looking into the nature of 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 and the petitioner is directed to surrender before the Station House Officer, Women Police Station, Secunderabad North Zone, within a period of 15 days from the date of this order. On such surrender, the said Station House Officer shall release the petitioner on bail on his executing a personal bond to the tune of Rs.1 5,000/- (Rupees Fifteen thousand only) with two sureties

for the like amount each to his satisfaction. 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.

Miscellaneous applications, if any pending in this criminal petition, shall stand closed I 'po .-ra *A SD/- T. RANGA BABU ASSISTANT RE T / /rRUE COPY / I SECTIO FFICER To,

1. The XV Additional Chief Metropolitan Magistrate at HYderabad.

2. The Station House Officer, Women Police Station' Begumpet' North Zone, Secunderabad'

3. One cc to sRr]!-ub-nnlnaN MALU_GARI Advocate loPuc]

4. Two CCs to PUBll'ciaosicuroR' High Court at Hyderabad' [oUT]

5. One SPare CoPY GR

HIGH COURT i GSD] DATED:2O / 02/ 2O2O

ORDER

CRLP.No.1063 of 2O2O ciil-;

.s \\$ - I BAIL \