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High Court for State of TelanganaCRLP/5790/2021allowed no costs

Gundeboina Alivelu v. The State Of Telangana

2021-08-03G Sri Devi4 pages

{I [ 3158 ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

TUESDAY, THE THIRD DAY OF AUGUST TWO THOUSAND AND TWENTY ONE :PRESENT:

THE HONOURABLE JUSTICE G SRI DEVI CRIMINAL PETITION NO: 5790 OF 2021 Betwe€il:

Gundeboina Alivelu, Wo Late Ramu.

Petitioner/Accused No.2 AND The State of Telangana, Rep. by Public Prosecutor High Court Buildings, Hyderabad RespondenUComplainant Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the Criminal Petition, the High Court may be pleased to grant Anticipatory Bail to the Petitioner/Accused No. 2 in the event of arrest in Cr.No. 51 of 2019 before Police Station, Motakonduru for the offences under Sec. 4984, 306 rlw 34 ot lPC. . The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri KIRAN PALAKURTHI, Advocate for the Petitioner, Asst. PUBLIC PROSECUTOR for the Respondent, the Court made the following.

ORDER:

I THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETiTION NO.5790 oF 2021 ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by the petitioner/A-2 seeking to grant anticipatory bail in the event of her arrest in connection with Crime No.51 of 2079 of P.S. Motakondur, Rachakonda, registered for the offences punishable under Sections 498-A and 306 read with Section 34 of the Indian Penal Code.

Heard the learned counsel appearing for the petitioner/A-2, learned Assistant Public Prosecutor appearing for the respondent-State and perused the record.

Learned counsel for the petitioner/A-2 would submit that the petitioner is innocent of the offences alleged against her and has been falsely implicated. The petitioner is having fixed abode and ttrere is no question of absconding. It is further submitted that the petitioner/A-2 is willing to furnish suitable security and abide by any condition which this Court may deem fit to impose in the event of granting anticipatory bail. Hence, it is prayed that the petitioner/ A-2 be granted anticipatory bail. Learned Assistant Public Prosecutor opposed to grant anticipatory bail to the petitioner/A-2.

According to the contents of the complaint, there are no specific allegations against the present petitioner. Moreover, the crime pertains to the year 2019.

I II Having regard to the facts and circumstances of the case, I without delving into the merits of the same, I am inclined to grant anticipatory bail to the petitioner/A-2.

The Criminal Petition is allowed and the petitioner/A-2 is granted anticipatory bail subject to the following terms and conditions:

(1) The petitioner/A-2 is directed to surrender before the Station House Officer, P.S. Motakondur, Rachakonda, within a period of four weeks from the date of this order and on such surrender, the said Station House Officer shall release the petitioner lA-2 on bail on her executing personal bond for a sum of Rs.30,000/- (Rupees thirty thousand only) with two sureties for a like sum each to his satisfaction.

(2) The petitioner/A-2 shall not interfere with the investigation, intimidate or induce the material witnesses and shall cooperate with the investigating agency.

(3) The petitioner/A-2 shall abide by the other conditions stipulated in Section a38(2) Cr.P.C and co-operate with the Investigating authorities in investigating the case and shall appear before them as and when required for the purpose of fair investigation.

Miscellaneous applications, if any, pending shall stand closed.

SD/- V.SUDHA /LSSISTAIUT R ,TRUE COPY// SECTION OFFICER To l. The V Addl. District and Sessions Judge at Bhongir.

2. The Judicial Magistrate of First Class, Alair.

3. The Station House Officer, Motakonduru P.S.

4. One CC to SRI KIRAN PALAKURTHI Advocate [OPUC]

5. Two CCs to PUBLIC PROSECUTOR, High Court at Hyderabad. (OUT)

6. One spare copy mvi

HIGH COURT GSD,J .S sJ DATED:0310812021 +

ORDER

CRLP.No.5790 ot 2021 BAIL