Smt. Kurva Suryakala v. The State Of Telangana
IN THE HIGII COURT F'OR THE STATE OF TELANGANA
AT HYDERABAD TUESDAY ,THE SEVENTEENTH DAY OF SEPIEMBtrR TWO THOUSAND NINETtrtrN :PRESENT:
THE HONOURABLE JUSTICE G SRI DEVI CRIMINAL PETITION NO: 5535 OF 2019 Between:
Smt. Kurva Suryakala, W/o. Ramulu Petitioner/Accused No.2 AND The State ofTelangana, Through P.S. Bhasheerabad, Vikarabad Dist,Rep. by Public Prosecutor, High Court at Hyderabad.
Respondent/ Complainant Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to direct the S.H.O. Bhasheerabad to enlarge the Petitioner/Accused No.2 on bail in the event of her arrest in Crime No. 80 of 2019. Dt. IO-07 -2OL9 on the file of Police Station Bhasheerabad, Vikarabad district The petition coming on for hearing, upon perusing the Petition and upon hearing the arguments of SRI CH. VIDYASAGAR RAO Advocate for the Petitioner and THE ADDITIONAL PUBLIC PROSECUTOR for the Respondent, the Court made the following.
ORDER
THE HONOURABLE JUSTICE G. SRI DEVI (lRlMlNAL PETITION No.5535 of 201€l / onben:
This Crirninal Petition, under Section 438 o{ the Code of Criminal ProceCure, 1973, is filed by petitioner/A2, seeking to grant anticipatory bail in Crime No.B0 of 2019 on the file of Basheerabad Police Station, Vikarabad District, registered for the offence under Section 498-A rlnd 306 IPC 2.
Heard learned counsel for the petitioner/A2, learned Additional Public Prosecutor representing the respondent-State and perused the record.
3.
lt is alleged in the complaint that on 10.07.2019 at 02.00 hours, the claughter of the de-facto complainant committed suicide by hanging dur: to the unbearable harassment of her husband-Al, who was having illicit relationship with the petitioner/A2 4.
Learned counsel for the petitioner submits that the petitioner is innocent of the alleged offences as she is no way concerned with the death of the wif'e of Al, except the alleged illicit relationship and that there are no scecific overt acts attributed against her. He further submits that the petitioner is having small children and if she is arrested, it would effect on the life of her children. Learned counsel further submits that 13 witnesses were examined by the prosecution i I and entire investigation is completed and the confessional statement of 41 was also recorded. He further submits that the petitioner is a permanent resident of Gottigakurdu Village having movable and
immovable properties and she is ready to abide by any condition imposed by this Court 5.
Learned Additional Public Prosecutor has vehemently opposed to grant anticipatory bail to the petitioner
6. ln view of the nature of allegations leveled against the petitioner and the facts and circumstances, without adverting to the merits of the matter, it is a fit case to grant anticipatory bail to the petitioneriA2 with certain conditions.
7.
Accordingly, the Criminal Petition is allowed and the petitioner/A2 is directed to surrender before the Station House Officer, Basheerabad Police Station, Vikarabad District, within a period of 15 days from the date of this order. On such surrender, the said Station House Officer shall release the petitioner/A2 on bail on her executing a personal bond for a sum of Rs.15,0001 (Rupees fifteen thousand only) with two sureties for a like sum each to his satisfaction. On such release, the petitioner/A2 shall abide by the conditions stipulated in Section 438(2) Cr.P.C and co-operate with the investigating officer in investigating the case. B.
Miscellaneous applications, if any pending in this criminal petition, shall stand closed.
l SD/- K.SAILESHI ASS ISTANT REGISTRAR //TRUE COPY I I FoT ASSISTANT REGISTRAR To,
1. The special Sessions Judge for Trial of Cases relating to atrocities against women, Vikarabad, Ranga Reddy District
2. The S.H.O Bhasheerabad Police Station, Vikarabad District
3. One CC to SRI. CHITNENI.VIDYASAGAR RAO Advocate [OPUC]
4. Two CC's to Public Prosecutor, High Court for the State of Telangana at Hyderabad (OUT)
5. One spare copy Avs
HIGH COURT GSDJ DATED:17l09 /r}o19
ORDER
CRLP.No.5535 of 2()19 BAIL