Salma Bee v. The State Of Telengana

HON'BLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.3767 of 2019 O R D E R :

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973 is filed by the petitioner, who is A.2, for grant of anticipatory bail in the event of her arrest in Crime No.41 of 2018 of Chengomul Police Station, Ranga Reddy District, registered for the offences punishable under Sections 307, 382, 506 r/w. Section 34 of IPC. The case of the prosecution is that the petitioner/A.2 having grudge over the defacto complainant for becoming the Mutavalli of Chilla Hazarath Biyabani and Dargah Hazarath Mashooke Rabbani, Pudur Village, attacked him, assaulted him and intended to do away with his life.

Heard learned counsel for the petitioner/A.2 and the learned Additional Public Prosecutor appearing for the respondent State. Perused the material on record. Learned counsel for the petitioner contends that the petitioner is innocent of the offences alleged and she hails from a respectable family and a law abiding citizen. It is also contended that the allegations levelled against the petitioner are an after-thought and invented only for the purpose of harassing the petitioner and her family. It is also contended that the alleged eye witnesses have not mentioned the name of the petitioner in their statements recorded under Section 164 of Cr.P.C. It is also contended that the entire

GSD, J Crl.P.No.3767 of 2019 investigation in the above crime is already completed and that the petitioner is ready to abide by any conditions imposed by this Court, including assisting the investigating agency for her release on anticipatory bail in the event of her arrest in the above crime.

On the other hand, the learned Additional Public Prosecutor opposed the relief sought in the above petition. As seen from the contents of the complaint, at the instigation of the present petitioner/A.2 only the other accused have attacked the defacto complainant and assaulted him. It also reveals that the accused have snatched away the polythene cover of the complainant containing Rs.8,000/-. Thus, keeping in view the specific and serious nature of allegations levelled against the petitioner, I am not inclined to grant anticipatory bail to the petitioner/A.2. However, if the petitioner/A.2 surrenders before the Court below concerned within fifteen days from today and moves an application for regular bail, after giving prior notice to the Public Prosecutor concerned, the said application shall be considered in accordance with law on the same day itself.

With the above observations, the Criminal Petition is disposed of.

As a sequel, miscellaneous petitions pending, if any, shall stand closed.

________________________ JUSTICE G. SRI DEVI 16.07.2019.

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GSD, J Crl.P.No.3767 of 2019 HON'BLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.3767 of 2019 16.07.2019 Msr