Konduru Rajitha , Konduru Rajini v. The State Of Telangana
$ s$ HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY IPRESENT:
THE HON'BLE JUSTICE G.SRI DEVI CRIMINAL PETITION NO: 1304 OF 2020 Between:
Konduru Rajitha @ Konduru Rajini, Wo. Santosh, Petitioner/Accused AND
1. The State of Telangana, Rep. by its Public Prosecutor, High Court for the State of Telangana, at Hyderabad.
1't RespondenUstate
2. Chirala Sailu, S/o. Lakshmaiah, R/o.H.No.6-21- I 38, Arundathi Nagar, Dubba, Nizamabad town, Nizamabad District.
2nd Respondent/Complainant Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the petition and the grounds hled herein, the High Court may be pleased to release the petitioner on bail in event of her arrest in Crime No.356 of 2019 on the file of III Town Police Station, Nizamabad, Nizamabad District.
Counsel for the Petitioner SRI A.PRABHAKAR RAO Counsel for the Respondent ADDL. PUBLIC PROSECUTOR The Court made the following;
df THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.1304 of 2020
ORDER
This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by petitioner/A5, seeking to grant anticipatory bail to her in Crime No.356 o'f 2019 on the file of Nizamabad lll Town Police Station, Nizamabad District, registered for the offences under Section 304-8 IPC and under Section 3(2)(v) of SCs & Sfs (POA) Amendment Act, 2015 2.
Heard learned counsel for the petitioner/A5, learned Additional Public Prosecutor representing the respondent-State and perused the record 3.
lt is alleged in the complaint that the marriage of second daughter of de-facto complainant, namely Priyanka, was performed with 41 in Aryasamaj at Kukatpally, Hyderabad, and after marriage, they lived happily at Hyderabad for one year by doing private jobs. Thereafter, 41 at the instigation of A2 to A5 used to harass the daughter of de-facto complainant mentally and physically by demanding additional dowry and he used to beat her mercilessly in drunken state and that several panchayats held to settle the disputes between the couple, but in vain and that due to unbearable harassment of accused, his daughter committed suicide by hanging in their bedroom.
4.
Learned counsel for the petitioner/A5 submits that the petitioner has not committed any offence as alleged by the
t prosecution and that she was living separately with her husband at Nirmal Town and she did not harass the deceased in any manner. He further submits that the petitioner/A5 was falsely implicated merely because she is sister of 41. He further submits that the petitioner/A5 is carrying six months pregnancy as per the report of Srinivasa Diagnostic Centre dated 09.10.2019 and she is under constant supervision of the doctor as her earlier pregnancy was aborted twice. He further submits that there are no specific allegations against petitioner/A5 attracting the offence under Section 304-8 lPC. He further submits that the petitioner is having fixed address and properties and she shall abide by any condition imposed by this Court 5.
Learned Additional Public Prosecutor opposed to grant anticipatory bail to the petitioner/A5 6.
As seen from the contents of FIR and the statements of witnesses, there is an allegation that the petitioner/A5 used to visit the house of 41 and instigated 41 to demand the deceased for dowry from her parents. However, in view of the nature of allegations leveled against the petitioner/A5 and her health condition and other facts and circumstances, without adverting to the merits of the matter, I am inclined to grant anticipatory bail to petitioner/A5, by imposing some conditions.
7.
Accordingly, the Criminal Petition is allowed and the petitioner/A5 is directed to surrender before the Station House Officer, Nizamabad Ill Town Police Station, Nizamabad 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/A5 on bail on her executing a personal bond for a sum of Rs.25,0001 (Rupees twenty five thousand only) with two sureties for a like sum each to his satisfaction. Further, the petitioner/A5 shall abide by the conditions stipulated in Section 438(2) Cr.P.C and cooperate with the investigating officer in investigating the case. B.
Miscellaneous applications, if any pending in this criminal petition, shall stand closed.
5DI- N. CHAN DRASEKHARA' iiAC} ^SSISTANT }1'EGIST ,TRUE COPY// SECTION OFFICER To 1 . The I Addl. Judicial Magistrate of First Class' Nizamabad'
2. The Station Ho,rse Ofiicer, ili'"t"UtJ ffr To^wn Police Station' Nizamabad District'
3. Two CCs to Public prosecutor: ffilf' C*'t otfllangana' at Hyderabad (OUT) +. "r. CC. Sri A.Prabhakar Rao, Advocate (OPUC)
5. one SPare CoPY \ I
HIGH COURT GSD.J DATE: 05-2-2020 OIIDER CRL.P. NO. 1304 0F 2020 '\v-Z ( .s { s + fi (ll U, PETITION ALLOWED ,-)