Smt. Thipparaveni Vijaya And 3 Others v. The State Of Telangana

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IN THE HIGH COURT FOR THD STATE OF TELANGANA

AT HYDERABAD TUtrSDAY ,THE SEVENTEENTH DAY OF SEPIEMBER TWO THOUSAND AND NINETEtrN :PRESENT:

THE HONOURABLE JUSTICE G SRI DEVI oir r t o --{ CRIMINAL PETITION NO: 5533 OF 2019 Between:

1. Smt. Thipparaveni Vij aya W/o. Shankar

2. Thipparaveni Shankar, S/o. Late Venkat

3. Thipparaveni Ashok, S/o. Shankar

4. Thipparaveni Suresh, S/o. Shankar Petitioner/Accused No. 2 to 5 AND The State of Telangana, through the Station House Officer, Godavarikhani I Town Police Station, Peddapalli District, Erstwhile Karimnagar District, Represented by its Public Prosecutor, High Court of Hyderabad for the State of Telangana Respondent Petition under Section 438 of Cr.P.C, praying that in the circumstances { a stated in the Criminal Petition, the High Court may be pleased to grant Anticipatory bail to the Petitioner or Accused No.2 to 5 in the event of their arrest in Crime No.l27 of 2019, Dated. 2810312019 on the file of SHO, Godavarikhani I Town Police Station, Peddapalli District. The petition coming on for hearing, upon perusing the Petition and upon hearing the arguments of SRI KAMPALLI UDAY KANTH Advocate for the Petitioners and THE ADDITIONAL PUBLIC PROSECUTOR for the Respondent the Court made the following.

ORDER

L4-'

.THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.5533 of 2019 ORDER:

This Crirninal Petition, under Section 438 of the Code of Criminal Procedure, 't973, is filed by petitioners/A2 to A5, seeking to grant anticipatory bail in Crime No.127 oI 2019 on the file of I Town Police Station, Godavarikhani, Peddapalli District, registered for the offences under Sections 417, 420,109 read with Section 34 IPC 2.

Heard learned counsel for the petitioners/A2 to A5, learned Additional Public Prosecutor representing the respondent-State and perused the record.

3.

lt is alleged in the complaint that 41 and the daughter of the de-facto conrplainant fell in love with each other and Al promised to marry her and that when his daughter asked Al to marry her, he reused the sane at the instigation of A2 to A5, who are parents and brothers of ltl , thereby all the accused cheated her. 4.

Learned ,sounsel for the petitioners submits that the petitioners never instigated 41 not to marry the daughter of the de-facto complainant and there are no specific overt acts against them. He further submits that the petitioners are innocent of the alleged offences as theue are no ingredients in connection with the crime. He further submits that the petitioners are permanent residents of Godavarikhani and hence, there is no chance of their absconding and they are re;rdy to abide by the conditions imposed by this Court.

il 5.

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

6. ln view of the nature of allegations leveled against the petitioners and the facts and circumstances, without adverting to the merits of the matter, it is a fit case to grant anticipatory bail to the petitioners/A2 to A5 with certain conditions. 7.

Accordingly, the Criminal Petition is allowed and the petitioners/A2 to A5 are directed to surrender before the Station House Officer, I Town Police Station, Godavarikhani, Peddapalli 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/A2 to A5 on bail on their executing a personal bond for a sum of Rs.15,0001 (Rupees fifteen thousand only) each with two sureties for a like sum each to his satisfaction. On such release, the petitioners/A2 to A5 shall abide by the conditions stipulated tn Section 438(2) Cr.P.C and co-operate with the investigating officer in investigating the case.

8.

Miscellaneous applications, if any pending in this criminal petition, shall stand closed.

SDI K.SAILESHI ASSISTANT REGISTRAR //TRUE coPYl/ FoT ASSISTANT REGISTRAR To, The I Additional Judicial Magistrate of First Class at Godavarikhani The Station House Officer, Godavarikhani I Town police Station, Peddapalli District, Erstwhile Karimnagar District One CC to SRI. KAMPALLI UDAY KANTH Advocate IOPUC] Two CC's to Public Prosecutor, High Court for the State of Telangana at Hyderabad (OUT) One spare copy 1.

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Avs

/ HIGH COURT GSDJ DATED:17lo9/2019

ORDER

CRLP.No.5533 of 2 019 r'ii:l u n*$s BAIL