Ankam Krishna v. The State Of Telangana

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH [Special Original Jurisdiction] WEDNESDAY THE FOURTEENTH DAY OF DECEMBER TWO THOUSAND AND SIXTEEN PRESENT Between:

Ankam Krishna ... Petitioner/Accused V/s.

The State of Telangana Represented by its Public Prosecutor [TG] High Court of Judicature for the State of Telangana & Andhra Pradesh, Hyderabad.

...

Respondent Through the Station House Officer, Sanathnagar Police Station, Cyberabad Ranga Reddy district.

Counsel for the Petitioner :

Sri C.Damodar Reddy Counsel for the Respondent : Public Prosecutor [TG] The court made the following: [order follows]

O R D E R :

This Criminal Petition is filed by the petitioner/Accused under section 437 and 439 of Cr.P.C., seeking to enlarge him on bail in PRC.No. 15 of 2014 on the file of XXIV Metropolitan Magistrate, Kukkatpally at Miyapur, Cyberabad, Ranga Reddy district in Crime No. 223 of 1999 of Sanathnagar Police Station, Cyberabad, Ranga Reddy district, registered for the offences punishable under section 498-A and 306 of IPC.

2. Sri C. Damoder Reddy, learned counsel for the petitioner submits that the petitioner and deceased married in the year 1990 and they were blessed with son and took divorce in the year 1996. The petitioner and the deceased were staying separately for the last three years before the commission of offence. He submits that the petitioner was very much staying

in Hyderabad and he is not aware about the case registered against him. He was arrested on 23/11/2016 and remanded to judicial custody. He is innocent and he is having a child and he may be released on bail.

3. He submits that as per the prosecution case, the petitioner is the husband of the deceased. The petitioner developed illegal contact with one Manjula and due to which differences arose between the petitioner and the deceased. Having vexed with the harassment of the petitioner, the deceased bolted the doors of her rented house and committed suicide on 25/7/1999 by setting herself fire by pouring kerosene, wherein her son also received burn injuries and died. While undergoing treatment the deceased succumbed to burn injuries.

4. Learned Additional Public Prosecutor representing the State submits that with great difficulty the petitioner was taken

into custody by the Police on execution of Non-bailable warrant and he was produced before the Magistrate. He submits that the victim, Alivelu set herself ablaze due to harassment of the petitioner. While undergoing treatment, she gave dying declaration to the Magistrate. The petitioner is absconding since from the date of commission of offence, therefore, the learned Magistrate issued Non-bailable warrant against him. He submits that if the petitioner is released on bail, there is every likelihood of his absconding.

5. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor representing the State.

6. Keeping in view the serious nature of allegations against the petitioner and the further fact that since 1999 the petitioner was absconding and the Police with great difficulty could execute Non-bailable warrant, arrested the petitioner

and send him to judicial custody. Hence, I am not inclined to admit the petitioner on bail, as there is a chance of absconding away by the petitioner to avoid due process of law and threaten the witnesses.

7. The Criminal Petition is accordingly dismissed.

8. As a sequel, miscellaneous petitions if any, pending in this Criminal Petition shall stand closed.

___________________________________ JUSTICE SURESH KUMAR KAIT.

14/12/2016 I s L.

(DISMISSED) Date: 14/12/2016 Circulation No.

Court Master: I s L