Gorre Israel v. The State Of Telangana
HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY, THE FOURTEENTH DAY OF FEBRUARY TWO THOUSAND AND EIGHTEEN :PRESENT:
THE HON'BLE SMT. JUSTICE T. RAJANI CRIMINAL PETITION NO: 1217 OF 2018 Between:
1. Gorre Israel, S/o late Narsaiah (A-2)
2. Gorre Deevanamma W/o Israel (A-3)
3. Gorre Suneetha W/o Late J.Abraham (A-4) Petitioners/Accused No.2 to 4 AND The State of Telangana, rep. by its Public Prosecutor, High Court, at Hyderabad. Respondent Petition under Section 438 of Cr.P.C., praying that in the circumstances stated in the petition and the grounds filed herein, the High Court may be pleased to enlarge the petitioners/Accused No.2 to 4 on bail in the event of their arrest in Crime No. 138 of 2017, dated 10-05-2017 on the file of the Garidepally Police Station, Suryapeta District, submit to the Judicial First Class Magistrate Court at Huzurnagar, Suryapeta District, in the interest of justice; Counsel for the Petitioners :
SRI MANDA VENKATESWARA RAO Counsel for the Respondent :
PUBLIC PROSECUTOR, (TS) The Court made the following Order:
"This Criminal Petition is filed by the petitioners/accused Nos.2, 3 and 4 in Crime No.138 of 2017 on the file of the Garidepally Police Station, Suryapet District, for grant of anticipatory bail. The offences alleged are under Sections-420, 376, 504 and 506 read with 37 IPC.
Heard the learned Counsel for the petitioners and the learned Public Prosecutor appearing for the respondent. Perused the record. Learned Counsel for the petitioners submits that there is absolutely no allegations against these petitioners, which would constitute the alleged offences. He further submits that the de facto complainant and accused No.1 were already married. A perusal of the report given by the de facto complainant shows that it is accused No.1 who induced her for sexual contact with him, and the allegations against these petitioners is that they were sent out from the house by accused No.1 for having sex with the de facto complainant. It is only, in the later part of the complaint, that the de facto complainant alleged that these petitioners threatened her and knocked her out from the house.
Hence, considering the above, this Court opines that this is a fit case to grant anticipatory bail to the petitioners.
Accordingly, the Criminal Petition is allowed and the petitioners are directed to surrender before the Station House Officer, Garidepally Police Station, Suryapet District, within 15 days from the date of this order. On such surrender, the petitioners shall be released on bail on each of them executing a personal bond for a sum of Rs.20,000/- with two sureties each for a like sum each to the satisfaction of the said Station House Officer. Further on such release, the petitioners 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/her 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 Petitions, pending if any, stand closed." ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To
1. The Judicial First Class Magistrate, Huzurnagar, Suryapet District.
2. The Station House officer, Garidepally Police Station, Suryapet District.
3. Two CCs to Public Prosecutor, (TS) High Court of Judicature, at Hyderabad (OUT)
4. one CC to Sri Manda Venkateswara Rao, Advocate (OPUC)
5. one Spare Copy
HIGH COURT Ab Drafted on 15-2-2017 TR,J DATE:14-2-2018
ORDER
CRL.P. NO. 1217 OF 2018 DIRECTION