Kota Maruthi Samanthka Mani v. The State Of Telangana
[ 3168 I HIGH COURT FOR THE STATE OF TEI,ANGANA AT HYDEILABAD FRIDAY, THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY :PRESENT:
THE HON'BLE SRJ JUSTICE K.LAKSHMAN CRIMINAL PETITION NO: 1568 OF 2020 Behveen:
Kota Maruthi Samanthka Mani, (Accused No.6) Wo. Kota Ramakishna, aged about 41 years, Brahmin Caste, Occ: Housewife, PJo.# H Nol6-11-361/P, SBI Officers Colony, Moosaram Bagh, Hyderbad, N/o Ramalayam Veedhi, Ayodhya Nagar, Vijawayada. ,,..Petitioner/Accused AND The State ofTelangana, Rep. by its Public Prosecutor, High Court ofTelangana, Hyderabad. ....Respondent/Respondent Petition under Sections 437 & 439 of Cr.P.C, praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to enlarge the petitioner on bail in Crime No.7212020, dated 2710112020, on the file of the Station House Officer, Police Station Alwal.
The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereofand upon hearing the arguments of SRLS.SRIDHAR Advocate for the Petitioner and ADDL.PUBLIC PROSECUTOR (TG) Advocate for the Respondent, the Court made the following.
ORDER
THI' HON'BLE SRI JUSTICE K. LAKSHMAN C:RIMINAL PETITION No.1568 OT. 2O2O ORDER:
This is an application for regular bail. The petitioner is accused No.6 in Crime No.72 of 2O2O of Alwal Police Station, Pet Basheerbad, Cvberabad. The offences alleged against the accused in the said crime are under Sections 363, 370 and 42O read rvith 34 l.P.C. and Sections 80 and 81 of Juvenile Justice Act, 2015. 2.
Heard the learned counsel for the petitioner/A6 and the learned Additional Public Prosecutor for the respondent/ State. Perused the record.
3.
It is relevant to note that earlier, the petitioner/A6 was arrayed as A2 and the police, on investigation, considering the order of gravity of roles played by each of the accused persons, arrayed the petitioner as A6 thereafter.
4.
It is the case of the prosecution that the petitioner/A6 involved in the offence of selling a female baby on commission basis. According to the prosecution, A1 informed the petitioner/A6 that he would sell the female baby for Rs.2,00,000/-. Since the petitioner/A6 \1,as not having funds, she has appraised the same to 47 and told that they can sell the baby to needy couple for Rs.50,000/- more than their investment. As such A7 pledged her jewellery and brought Rs.2,00,000/-. The same was informed to A1, who brought A8 along with the female baby and handed over to A7 on 24.O1,.2020 and took Rs.2,00,OOO/- from her. It is also the case of the prosecution that 41 paid Rs.30,000/- to AB and =-.--.------.-.....-
KL,J Crl.P.No.l568 of2020 ) retained the balance amount with him. After a couple of days, a childless couple approached A1 for a baby, over which he has again contacted the petitioner f A6 and offered to give Rs.2,50,000/- for that baby. Since the petitioner/A6 could not sell the female baby in time, she agreed to sel1 the female baby to A1. As per the directions of A 1 , 4,6 and A7 brought the female baby to Mangapuram Colony on 27 .O1.2O20 in the evening and were waiting to sell the female baby to A 1 .
According to the prosecution, the petitioner/A6 played active role in selling the lemale baby and she has acted as commission agent. 5.
Learned counsel for the petitioner I A6 would contend that as per the contents of F.l.R. as well as the Remand Case Diaries, the petitioner/A6 has not received any amount from any person, including A 1 and in fact, A I has offered an amount of Rs.2,50,0OO/- for the said female baby. He would further submit that there is no role of the petitioner/A6 and she never committed any offence. He would further submit that though the petitioner/A6 is arrayed as A2 initially, on investigation, considering the gravity of the roles played by each of the accused, the petitioner was arrayed as A6 thereafter by the police. He would further submit that the petitioner/A6 is in judicial custody from 27 .O1 .2O2O and she is aged about 4 1 years. With the said contentions, learned counsel for the petitioner/A6 prayed for grant of regular bail to the petitioner/46.
6.
On the other hand, learned Additional Public Prosecutor would submit that the offences alleged against the petitioner/A6
KL,J Crl.P.No.l56tt of2020 J are very serious in nature and she has played an active role in selling the female baby. He wouid further submit that an offer was made to the petitioner lA6 for Rs.2,5O,O00/- try A1 and thus, the same would reveal the role played by the petitioner/A6 in the entire offence. Therefore, according to him, there is every possibility of the petitioner lA6 interfering with the investigation and influencing the witnesses.
7.
On a perusal of the entire record, including the I'irst Remand Case Diary, dated 28.O1.2O2O, and the second Remand Case Diary, dated 06.02.2020, it is not in dispute that the police on investigation, considering the gravity of the roles played by each of the accused, arrayed the petitioner as A6, though she was initially arrayed as A2.
8.
The allegations levelled against the petitioner lA6 are that A1 informed her that he would sell a female baby for Rs.2,00,000/-. Since the petitroner/ A6 is not having sufficient funds, she has informed the same to A7, who by giving Rs.2,00,000/- purchased the female baby from A 1 . Thereafter, A I again contacted the petitioner/A6 and offered to give Rs.2,50,000/- for the said female baby. Thus, the aforesaid allegations, pima facie, show the role of the petitioner/46 in the entire offence. However, the petitioner/.46 is in judicial custody lrom 27.O1.2O2O and she is a woman aged about 41 years.
9.
Considering the above said facts and also the fact that the petitioner/A6 is in judicial custody from 27 .01.2020 and on
KI,J Crl,P.No.l568 of2020 investigation, police considering the role played by the petitioner/A6 changed the Sl.No. of the petitioner from A2 to A6, this Court is inclined to grant regular bail to the petitioner/A6 on certain conditions.
10. Accordingly, the Criminal Petition is allowed and the petitioner/A6 shall be enlarged on bail on the following conditions: i) The petitioner/A6 shal1 execute a personal bond for a sum of Rs.20,O00/- (Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of XXIII Metropolitan Magistrate, Cyberabad, Medchal.
ii) After release on bail, the petitioner/A6 shall report before the Station House Officer, Alwal Police Station, on every Sunday between 10:00 AM to 05:00 PM till completion ol investigation and filing of final report.
iii) The petitioner/A6 shall not interfere with the investigation directly or indirectly.
iv) The petitioner/A6 shall co-operate with the Investigating Agency.
Miscellaneous Petitions, if any, pending in this Criminal Petition shal1 stand closed.
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HIGH COURT KL.J DATED: 20.03.2020 CRL.P.NO.1568 0F 2020 BAIL I o$ IAL Ev ( ?0 mn z '/) U il // \n t s.oATcH