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High Court for State of TelanganaCRLP/998/2019allowed no costs

Ayesha Begum v. The State Of Telangana

2019-03-07Shameem Akther3 pages

[ 26e1 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND NINTEEN s E '

.1 q fo alt o a :PRESENT:

THE HONOURABLE DR. JUSTICE SHAMEEM AKTHER CRIMINAL PETITIoN NO: 99a OF 2019 Between:

Ayesha Begum W/o.Syed Sadiq Petitio ner/ Accused No.14 AND The State of Telangana, Rep., by its Public Prosecutor, High Court at Hyderabad, Respondent/Complainant Petition under Section 438 of Cr.P.C. praying that in the circumstances stated in the petition filed herein, the High Court may be pleased to grant Anticipatory bail to the Petitioner or Accused No. 14 in the event of her arrest in connection with the Cr.No. 88 of 2015 of P.S Chnadrayangutta, Hyderabad pending enquiry and trial in the interest of justice The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri MOHD I.4UZAFFER ULLAH KHAN Advocate for the Petitioner and of Additional Public Prosecutor for the respondent, the Court made the following.

ORDER

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by the petitioner / A,L4, for grant of anticipatory bail in Crime No.88 of 2015 of Chandrayangutta Police Station, Hyderabad District, registered for the offences punishable under Sections 452, 427 read with 34 of IPC.

2, Heard the learned counsel for the petitioner/A.14, the learned Additional Public Prosecutor representing the respondent-State and perused the record.

3.

In the course of submissions, it is brought to the notice of this Court that the de-facto complainant filed another report on the same day, i.e., on 20.03.2015, against the petitioner/ A.L4, wherein, the petitioner/ A.l4 is shown as A.15 in the said report. The allegations in both the reports appear to be similar. The learned counsel for the petitioner/A.14 submits that the date and time of the alleged offences are also similar and that the petitioner/A,14 is unnecessarily being prosecuted in two criminal cases for the same offences and that in the first case, she was granted bail under Section 438 of Cr.P,C.

4.

The learned Additional Public Prosecutor conceded the registration of two crimes on the same day against the petitioner/ A.L4 on the report lodged by the same de-facto complainant. Under these circumstances, the petitioner/A.14 can be granted bail under Section 438 of Cr.P.C., on some conditions, 5.

Accordingly, the petitioners/ A.!4 is directed to surrender before the Station House Officer, Chandrayangutta Police Station, Hyderabad District, within a period of 15 days from the date of this order. On such surrender, the said Station House Officer shall release the petitioner/A,14 on bail on her executing a personal bond for a sum of RS.1O,OoO/- (Rupees ten thousand only) with two sureties in a like sum each to his satisfaction. On such release, petitioner/A.14 shall report before the said Station House

Officer on every Sunday between O9:OO AM and 1O:OO AM, till filing of the charge-sheet, The petitioner/A.14 shall also abide by the conditions stipulated in Section 438(2) of Cr.P.C. and shall cooperate with the investigating officer in the investigation of the case. The Criminal Petition is, accordingly, allowed. Pending Miscellaneous Petitions, if any, shall stand closed. SD/. CH.VENKATESWARLU ASSISTANT REGISTRAR ln //TRUE COPYI/ FoT ASSISAruT REGISTRAR To, 1.

2.) The IV Additional Metropolitan Sessions Judge, Hyderabad The Chief Metropolitan Magistrate, Hyderabad The Station House Officer, Chandrayangutta Police Station, Hyderabad District Two CCs to the Public Prosecutor, High Court at Hyderabad (OUT) One CC to SRI. MOHD MUZAFFER ULLAH KHAN Advocate IOPUC] One spare copy

HIGH COURT DR.SA,J DATED:07l03/2019

ORDER

CRLP.No.998 of 2O19 BAIL