Smt. Eligeti Bhulaxmi, v. The State Of T.S
[ 26el I HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY ,THE TENTH DAY OF APRIL TWO THOUSAND AND NI :PRESENT:
THE HONOURABLE DR. JUSTICE SHAMEEM AKTHER CRIMINAL PETITION NO: 1788 OF 20'19 Between:
Smt. Eligeti Bhulaxmi,, Wo. Sudershan,
...Petitioner/Accused No.2
AND The State of T.S, rep.by its Public Prosecutor,. High Court of T.S, High Court Buildings, Rep.by its lnspector of police, Sircilla ...RespondenUComplainant Petition under Section 438 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 grant anticipatory bail to the petitioner directing the police that the petitioner may be released on bail in the event of vest in connection with Crime No. 244 of 2018, Dt. 20.08.2017 , on the file of The Honble Judicial First Class Magistrate, Sircilla; The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of M HAMSA RAJ Advocate for the Petitioner, PUBLIC PROSECUTOR ,for the Respondent, and the Court made the following. ORDER:
This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.'), is filed by the petitioner/accused No.2 for grant of anticipatory bail in the event of her arrest in Crime No.244 of 2018 of Sircilla Police Station, Rajanna Sircilla District, registered for the offences alleged under Sections 498A,323,29O and 3O2 read with 34 I.P.C.
2.
Heard Iearned counsel for the petitioner/accused No.2 and the learned Additional Public Prosecutor representing the respondent/State. Perused the record.
3. As per the F,I.R., dated 2O.O8.2O18, accused No.1 E. Mahender had beaten his wife (Nikitha), mother-in-law (de facto comptainant) and father-in-law (aeceasea B. Satyanarayana). The specific allegation against the petitioner/accused No.2 is that she
along with accused No.1 harassed Nikitha physically and mentally on each and every flimsy issue. There is no specific mention that the petitibner/ accused No.2 beat any of the persons. Few allegations of harassment are made against the petitioner/accused No.2. As per the material placed on record, the gravity of the offences alleged is not so high against the petitioner/accused No.2. There are serious and grave allegations against accused No.1 E. Mahender. The petitioner/accused No.2 is a woman. Considering the totality of the circumstances, the petitioner/ accused No.2 can be enlarged on bail under Section 438 Cr.P.C. on some conditions.
4. In the result, the petitioner/accused No.2 is directed to surrender before the Station House Officer, Sircilla Police Station, Rajanna Sircilla District, within a period of 15 days from the date of this order. On such surrender, the Station House Officer, Sircilla Police Station, Rajanna Sircilla District, shall release the petitioner/accused No,2 on. bail on her executing a personal bond for a sum of Rs.15,OOO/- (Rupees fifteen thousand only) with two sureties in a like sum each to the satisfaction of the said Station House Officer. On such release, the petitioner/accused No.2 shall attend before the said Station House Officer on every Sunday between O9:OO AM and 11:O0 AM till filing of the charge sheet and shall abide by the conditions mentioned in Section 438(2) Cr.P.C. and co-operate with the Investigation Officer in investigating the case.
5.
Accordingty, the Criminal Petition is allowed. Miscellaneous Petitions, if any, pending in this Criminal Petition shall stand closed.
Sd/- T.KRISHNA KUMAR ASSISTANT RE STRAR //TRUE COPY'
For ASSISTAi,; REGI iTRAR
To, 1 . The Judicial First Class Magistrate, Sircilla
2. The Station House Officer, Sircilla Police Station, Sircilla
3. One CC to SRl. M HAMSA RAJ Advocate [OPUC]
4. Two CCs to PUBLIC PROSECUTOR (TG), High Court at Hyderabad {OUTI
5. One spare copy
HIGH COURT F.
DATED:10/04/2019
ORDER
CRLP.No.1788 of 201 9 BAIL