Mrs. Shamshad v. The State Of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TIJESDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND NINETEEN :PRESENT:

THE HON'BLE JUSTICE G.SRI DEVI CRIMINAL PETITION NO: 4702 OF 2019 Betrveen:

l. Mrs. Shamshad, Wo Khateel Ahmed

2. Mr. Khaleel Ahmed, S/o: Mohammed Abdul Latee

3. Mrs. Ayesha Khanam, W/o MH Shakeel Khan

4. Maruf Mohamodul Hassan, S/o. M.H Shakeel Khan Petitioners/Accused No.I to 4 AND The State ofTelangana, Station House Officer, Police Station Neredmet, Rachakonda District Rep. through its Public Prosecutor, High Court for the State ofTelangana at Hyderabad Respondent Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the petition and the grounds filed herein, the High Court may be pleased to grant anticipatory bail to the Petitioners in the event of their arrest in FIR No. 10 of 2018 on the file of Police Station Neredmet, Rachakonda;

Counsel for the Petitioner SRI N.NAVEEN KUMAR Counsel for thc Respondent ADDL. PUBLIC PROSECUTOR The Court made the follorving;

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THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.47O2 of 2019 ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by petitioners/Al to 44, seeking to grant anticipatory bail in Crime No.'10 of 2018 on the file of Neredmet Police Station, Rachakonda District, registered for the offences under Sections 380, 468, 471,420 read with Section 34 IPC and under Section 156(3) Cr.P.C 2.

Heard learned counsel for the petitioners/Al to A4, learned Additional Public Prosecutor representing the respondent-State and perused the record.

3.

lt is alleged in the complaint that 41 is elder daughter, 42 is son-in-law, A3 is second daughter and 44 is grandson of the defacto complainant and that all the accused used to visit her house and harass her and her husband physically and mentally for money They also confined them in bath room, forcibly opened the keys of almirah and collected the amounts. lt is further alleged that all the accused have committed theft of title deeds of the properties owned by the de-facto complainant and fabricated false documents with an intention to sell away those properties to some third carties. 4.

Learned counsel for the petitioners submits that the allegations in the complaint have not substantiated the ingredients of the alleged offences and that absolutely, no prima face case is made out against the petitioners. He further submits that the de-facto =-

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complainant has made a false private complaint before the Court in order to harass the petitioners and to meet her illegal demands. He further submits that the genesis of the complaint relates to inter se disputes between the mother and daughters and that the petitioners are innocent and they have not committed any offence as alleged in the complaint.

5. Learned Additional Public Prosecutor has vehemently opposed to grant anticipatory bail to the petitioners. 6.

As seen from the contents of the FlR, there were disputes between the mother and daughters with regard to the properties, which are purely civil in nature. Therefore, in view of the nature of allegations leveled against the petitioners, it is a fit case to grant anticipatory bail to the petitioners/Al to A4 with certain conditions. 7.

Accordingly, the Criminal Petition is allowed and the petitioners/Al to 44 are directed to surrender before the Station House Offlcer, Neredmet Police Station, Rachakonda District, within a period of 15 days from the date of this order. On such surrender, the said Station House Officer shall release the petitioners/A1 to A4 on bail on their executing a personal bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) each with two sureties for a like sum each to his satisfaction. On such release, the petitioners/Al to A4 shall abide by the conditions stipulated in Section 438(2) Cr.P.C and co-operate with the investigating officer in investigating the CASE.

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--- % o Miscellaneous applications, if any pending in this petition, shall stand closed.

criminal / an fh SD/. N, PL'RUSHOTHAM IIEDT}Y AS!:)ISTANT REG RAR.

//TRUE COPY'

S]]CTION FFIC]EIl To, I . The XX Metropolitan Magistrate, Cyberabad, Malkajgiri.

2. The Station House officer, Neredmet Police Station, Rachakonda

3. Two Ccs to Pr.rblic Prosecutor, High Court of Telangana, at Hyderabad (OUT)

4. one CC to Sri N.Naveen Kumar, Advocate (OPUC)

5. One Spare Copy

?^ h vv .ra HIGH COURT GSD,J DATE:20-08-2019 ORDI]R CRL.P. NO. 4102 0F 2079 PETITION ORDERED K{rZ:l'"'-;:,, ,6*o*.,'* Y7