Kethavath Nilesh Naik v. The State Of Telangana
[31s8 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA
.,.
TUESDAY, THE TWENTY THIRD DAY OF ruLY TWO THOUSAND AND NINETEEN (:
:PRESENT:
TTIE HON'BLE JUSTICE G SRI DEVI CRIMINAL PETITION NO: 4033 OF 2019 Between:
Kethavath Nilesh Naik, S/o Bikya Naik, Aged abo\tt 29 years, Occ: Auto Driver, No 5-23-13, Thanajinagar, Uppuguda, Hyderabad N/o 4-57, Salkarpet Thanda And Village, Tudukurthi Post, Bijiepally Mandal, Nagarkurnool District .,..Petitioner/Accused A\D The State of Telangana, Rep by its Public Prosecutor, High Court Bldgs, Hyderabad Through P S Raiendranagar ,..,.Respondent/complainant Petition under Sections 437 & 439 of Cr.P.C, praying that in the circumstances stated in the affidavit filed in support ofthe Criminal Petition, the High Court may be pleased to enlarge the petitioner / accused on bail in connection with Crime No 320 of 2019 before P S Rajender / Nagar The petition coming on lor hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of KIRAN PALAKURTHI Advocate for the Petitioner and PUBLIC PROSECUTOR (TG) for Respondent, the Court made the following.
ORDER
HONOURABLE JUSTICE G. SRI DEVI CIITIMINAL PETITION No 4O33 of 2O19 ORDER:
The petitioner, who is the sole accused, fi1ed the present application uncler Sections 437 and 439 of Criminal Procedure Code 1973, seeking to grant bail to him in Crime No.320 of 2019 of Rajendranagar Police Station, Cyberabad Commissionerate, which was registered for the offence punishable under Section 3O7 I.P.C. 2.
The allegations in the complaint would go to show that the marriage of the petitioner with th,e de facto complainant was performed three' years prior to the date of incident; that after the marriage, the petitioner started harassing the complainant both physically and mentally for additional dowry and unable to bear the same, the complainant lodged a complaint against the petitioner and at that time, she was two months pregnancy; that the petitioner and her in-laws torturing the complainant to compromise the case and withdraw the same. While so, on 11.03.
2019, when the complainant was at her parents house, the accused came and requested her to come to house for cooking, for which she went along with the accused and while she was cutting the vegetables, the accused picked up a quarrel with the complainant for not compromising the case registered against him and also threatened to kill her with dire consequences and brought an iron rod and hit on the head and other parts of the body, due to which, she sustained injuries. Hence, the complainant llled the present complaint to take necessary action.
3.
Learned counsel for the petitioner/accused No.2 wouid submit that a false case of foisted against the petitioner when he requested her to withdraw the case; that the petitioner is an auto driver; that the petitioner is arrested and remanded to judicial on 20.06.2019 and since then he is in jail and hence, he prays to grant bail to the petitioner.
4.
looking into the facts and circumstances of the case and taking into consideration the gravity of the offence alleged against the petitioner/ accused, I am inclined to grant bail to the petitioner/ accused on certain terms and conditions: (i) The petitioner/ accused shall execute a personal bond for Rs. 10,OO0/- (Rupees ten thousand only) with two sureties for a like sum each to the satisfaction XIV Additional Metropolitan Magistrate, Cyberabad at Rajendranagar. (ii) The petitioner shall personally appear before the Station House Officer, Rajendranagar Police Station, Cyberabad Commissionerate, on every Saturday between 10.00 A.M., and 6.00 P.M., till filing of the charge sheet. (iii) The petitioner/accused shall not indulge in any similar type of offences in future.
(iv) The petitioner/accused sha,ll not tamper with the prosecution witnesses.
(v) The petitioner/ accused No.2 shall co-operate with the investigating agency.
(vi) The petitioner/ accused shal1 appear before the Court concerned personally on each date of hearing ti1l conclusion of tria1.
5.
Accordingly, the Criminal petition is allowed. Miscellaneous petitions pending, if any, shall stand closed. .._.l SD/- N.CHANDR_A SE!(HAIi ltr,r.S ASSTST Gts-r //TRUE COPY// For AS ISTR.-{.I{ To
1. The XIV Additional Metropolitan Magistrate, Cyberabad at Rajendranagar.
2. The Additional Metropolitan Sessions Judge Cyberabad at L.B.Nagar, Ranga Reddy District
3. The Superintendent, Central Prison, Cherlapalli, R.R.District "-
4. The Station Housc rlfficer, Rajendranagar Police Station, Cyberabad
5. One CC to SRI. KIRAN PALAKLIRTHI Advocate [OPUC]
6. Two CCs PIIBLI(I PROSECUTOR (TG), High Court at Hyderabad (OLIT) -
7. One spare copy
/,/I HIGH COT.RT . 1.'. . -j GSD,.I -i DATED: 23.07.2019 cRL.P.NO.4033 0P 2019 BAII, 6*a:i rr,.i +s \ri.l 5lH $ o I