Balagoninarsimhagoud And 2 Others v. The State Of Telangana

HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION No.1902 of 2022 O R D E R:

This petition is filed under Section 438 of the Code of Criminal Procedure, 1973, seeking bail to the petitioners-A2 to A4 in the event of their arrest in connection with Crime No.466 of 2021 on the file of Chikkadpally Police Station, Hyderabad District, registered for the offences punishable under Sections 493, 420, 384, 354C, 495, 406, 506 IPC read with 109, 34 IPC.

2.

The case of prosecution is that the de-facto complainant has lodged a complaint stating that on the pretext of love and marriage, A1 had forcefully exploited her physically and he used to take huge amounts from her for various reasons. Thereafter, she came to know that A1 is a married person having children and he also threatened to register her flat in his name. 3.

Learned counsel for petitioners Mr. Shaik Madar, submits that petitioner Nos.1 and 2/A2 and A3 are father and mother of A1 and petitioner No.3/A3 is his wife. He submits that the entire allegations are against A1 only and the petitioners being the family members of A1 were implicated in this case. Learned counsel submits that in fact, A3 was also issued a legal notice to the de-facto complainant and there were exchange of notices between the parties. He submits that A1 married A3 and they blessed with two sons. Learned counsel submits that the petitioners are unconnected with any of the offences as alleged and hence, their case may be considered for grant of prearrest bail.

4.

On the other hand, learned Assistant Public Prosecutor submits that there are specific overt acts against all the accused and the investigation is pending and so far, 7 witnesses were examined. He submits that in view of the allegations leveled against the petitioners, they are not entitled for prearrest bail. 5.

Taking into consideration the allegations in the complaint and as per the remand report of A1, the allegations appears to be against A1 and as there are no specific overt acts against the petitioners, this Court deems it appropriate to grant pre-arrest bail to the petitioners-A2 to A4. 6.

The Criminal Petition is allowed. Petitioners - Accused Nos.2 to 4 shall surrender before the Station House Officer, Chikkadpally Police Station, Hyderabad District, in connection with Crime No.466 of 2021, within one week from today and on such surrender and executing a personal bond for Rs.20,000/- (Rupees twenty thousand only) each with two sureties for a like sum each to the satisfaction of the said Station House Officer, they shall be released on bail. It is made clear that no further extension of time will be granted.

_______________________ LALITHA KANNEGANTI, J 9th March, 2022.

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