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High Court for State of TelanganaCRLP/2232/2021allowed no costs

Deeti Swarna , Muta Swarna v. State Of Telangana

2021-03-26G Sri Devi5 pages

i [ 3158 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY ONE :PRESENT:

THE HONOURABLE JUSTICE G SRI DEVI CRIMINAL PETITION NO:2232 OF 2021 Between:

/ileetiswarna @ Muta Swarna, Wo. Ramesh ... Petitioner/Accused AND -/- Atate of Telangana, Through SHO, Tekulapally Police Station, Bhadradri 1 Kothagudem District, Rep. By its Public Prosecutor High Court of Telangana at Hyderabad.

...RespondenUComplainant 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 enlarge the Petitioner/Accused on Anticipatory Bail in the event of his arrest in Crime No.75 of 2020 on the file of SHO, Tekulapally Police Station, Bhadradri Kothagudem District to abide by the condition or conditions that might be imposed by this Court. The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of M/s G. RAVI CHANDRA SEKHAR Advocate for the Petitioner and of PUBLIC PROSECUTOR for the Respondent, the Court made the following.

) ORDER:

HONOURABLE JUSTICE G. SRI DEVI (]RIMINAL PETITION NO.2232 OF 2O2I ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.), is filed by the petitioner/ accused, for grant of anticipatory bail in Crime No.75 of 2O2O of P.S. Tekulapally Town, Bhadradri Kothagudem District, registered for the offence punishable under Section 4O9 of the Indian Penal Code.

Heard the learned counsel for the petitioner/accused, the learned Additional Public Prosecutor representing the respondentState and perused the record. In the FIR, it is inter alia stated that while working as Gramina Dak Sevak Branch Post Master, Tadikalapud i Branch Post Office, for the period from 16.03.2009 to 26.08.2015, the petitioner/accused committed irregularities and misappropriated amounts to the tune of Rs.34,400/- in 68 R.D. Accounts and Rs.11,000/- in 01-Rural Postal Life Insurance Policy. Learned counsel for the petitioner/ accused would submit that the petitioner is an innocent person and never committed any offence as alleged by the respondent-police. It is further submitted that the petitioner is a law-abiding citizen and has nothing to do with the alleged offence.

Further, she is ready to give sufficient sureties to the satisfaction of this Court to secure her presence on each and every date of hearing to face the trial and also ready to abide by the terms and conditions if any that may be imposed by this Court for her release. Hence, he prayed to grant anticipatory bail to the petitioner/ accused.

\ Learned Additional Public Prosecutor representing the respondent-State opposed to grant anticipatory baii to the petitioner/ accused.

It is submitted that departmental enquiry was conducted against the petitioner/accused as per the rules and final report has already been submitted before the postal authorities on 16.0l.2020 and during the entire course of enquiry, no evidence whatsoever was collected against the petitioner/accused except identification of certain documents. Even otherwise, no private party has complained against the petitioner/accused with regard to her inducement, threat or promise to any person. Having regard to the facts and circumstanies of the case, this Court is inclined to grant anticipatory bail to the petitioner/accused on some conditions.

Accordingly, the Criminal Petition is aliowed and the petitioner/ accused is directed to surrender before the Station House Officer, P.S. Tekulapally Town, Bhadradri Kothagudem 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/ accused on bail, on her executing personal bond for a sum of Rs. 15,000/- (Rupees fifteen thousand only) with two sureties for a like sum each to his satisfaction. On such release, the petitioner/accused shall appear before the investigating authorities on every Saturday between 10.00 am and 5.00 pm and shall also abide by the conditions stipulated in Section 438(2) Cr.P.C and co-operate with the investigating officer in investigating the case.

Miscellaneous applications, if any, pending shall stand closed.

sD/-r TIRUMATA DEVI ASSISTANT \o>', w I //TRUE COPY// SE:CTION OFFICER To,

1. The Judicial First Class Magistrate at Yellandu'

2. The S.H.O., Police Station Tekulapally' Bhadradri Kothagudem District'

3. One CC to M/s. G RAVI CHANDRA SEKHAR' Advocate IOPUCI'

4. Two ccs to pUBLrc pRosECUToR, High court for the state of rerangana at l Hyderabad [OUT]'

5. One spare coPY ZEE

HIGH GOURT GSDJ DATED:26/0312021

ORDER

CRLP.No.2232 of 2,021 BAIL L {} ,i.

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