R. Narsamma v. The State Of Telangana

[ 31s8 ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

FRIDAY, THE IWELFTH DAY OFNOVEMBER TWO THOUSAND AND TWENTY ONE :PRESENT:

THE HONOURABLE JUSTICE G SRI DEVI CRIMINAL PETITION NO: 7171 OF 2O2L Between:

1, R, Narsamma, W/o Late Venkataiah,

2. P. Yellamma, W/o Balanarsimha,

3. R. Jagan, S/o Late Venkataiah,

4. R. Ravinder @ Ravi, S/o Late Venkataiah,

5. R. Rajini, W/o R,Ravinder,

6. R. Vijaya @ Vijamma, W/o. R.Jagan, Petitioners/Accused No.2 to 7 AND The State ofTelangana, Through S.H.O, P.S, Kushaiguda, Rachakonda, Rep. by its Public Prosecutor, High court at Hyderabad, Hyderabad. Respondent/Com plainant Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the grounds filed in the Criminal Petition, the High Court may be pleased to enlarge the Petitioners/Accused No.2 to 7 on bail in the event of their arrest in connection with Crime No. 3Bl2020 pending on the file of Kushaiguda Police Station, Rachakonda.

The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of SRI C HARI PREETH Advocate for the Petitioners and the Assistant Public Prosecutor for the Sole Respondent, the Court made the following. // ORDER:

THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION NO.7171 OF 2O2I ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is liled by the petitionerslA-2 to A-7 seeking to grant anticipatory bail in the event of their arrest in connection with Crime No.38 of 2O2O of P.S. Kusaiguda, Rachakonda, registered for the offences punishable under Sections 498-A and 306 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961.

Heard the learned counsel appearing for the petitioners, learned Assistant Public Prosecutor appcaring for the respondent- S tate and perused the record.

Learned counsel for the petitioners would submit that the petitioners are innocents of the offences alleged against them and have been falsely implicated. The petitioners are having fixed abode and there is no question of absconding. It is further submitted that the petitioners are 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 petitioners be granted anticipatory bail. Learned Assistant Public Prosecutor vehemently opposed to grant anticipatory bail to the petitioners.

It is submitted on behalf of the petitioners that the petitioners are not staying with the deceased and A-1 and they, being the family members, have been falsely implicated in this case. It is also submitted that even according to the complaint, all

the allegations are against A-1 only. Further, A-1 has already been arrested and sent to judicial custody, Looking into the nature of allegations and the other facts and circumstances, without adverting into the merits of the same, I am inclined to release the petitioners I A-2 to A-7 on anticipatory bail.

The Criminal Petition is allowed and the petitioners are granted anticipatory bail subject to the following terms and conditions:

(1) The petitioners are directed to surrender before the Station House Officer, P.S. Kusaiguda, Rachakonda, within a period of fifteen days from the date of this order and on such surrender, the said Station House Officer shall release the petitioners on bail on their executing personal bond for a sum of Rs. 15,000/- (Rupees fifteen thousand only) each with two sureties for a like sum each to his satisfaction.

(2) The petitioners shall appear before the investigating authorities, as and when required by them.

(3) The petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Investigating Authority.

(a) The petitioners shall not act in any manner which will be prejudicial to fair and expeditious investigation.

(5) The petitioners shall abide by the other conditions stipulated in Section 438(2) Cr.P.C and co-operate with the Investigating Oflicer in investigating the case. Miscellaneous applications, if any, pending shall stand closed.

Gi)/- }I CHANDRASHEIGR RAO ASSISTAI'IT REGISTRAR th---.

//TRUE COPY'

SLCTION OFFICEI{ To, 'l'he XIX Additional Metropolitan Magistrate, Cyberabad at Malkajgi' 'fhe Station House O1ficer, P.S, Kushaiguda, Rachakonda, one CC to SRI. C HARI PREETH Advocate IOPUCI Two CCs to PUBLIC PROSECUTOR, High Court at Hyderabad' [OUT] J \ One Spare copy a-

'1t-.- -L.\ (

IIIGH COLltl'

/, GSDJ \ ':'.tE S , \ 9<'i)Ol?'l 17 Nnt M1 ,) DATED:1211112021 Y.+ t pAtcHr-q

ORDER

CRLI'.No.7l7l of 2021 BAIL