Smt. Saba Arshi @ Saba Begum v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.7646 OF 2023 ORDER:

1.

This Criminal Petition is filed under Sections 437 and 439 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking regular bail to the petitioner/Accused No.3 in Crime No.151 of 2023, on the file of Santoshnagar Police Station, Hyderabad, registered for the offence under Section 302 r/w. 34 of IPC. 2.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondentState and perused the record. 3.

The case of the prosecution is that this petitioner is the wife of the deceased. The deceased and the petitioner had differences, for which reason, she called his brother A-1 and A-2 also accompanied him. A-1 stabbed the deceased. He later died.

4.

Learned counsel for the petitioner would submit that even according to the complaint, the de-facto

complainant sought initiation of action against A-1 and A-2 and did not name this petitioner.

5.

Learned Additional Public Prosecutor would submit that this petitioner was in fact was present at the scene and helped A-1 while stabbing her husband.

6.

The record reveals that the petitioner caught hold of the deceased is confession of A-1. Apart from the said confession, there is nothing in the remand report to substantiate the said allegation.

7.

In view of the petitioner being a woman and mother of a son, this Court deems it appropriate to grant the relief of regular bail, subject to following conditions: i) The petitioner/Accused No.3 shall execute personal bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties for a like sum each to the satisfaction of VII Additional Chief Metropolitan Magistrate, at Nampally, Hyderabad.

ii) The petitioner/Accused No.3 after release shall appear before the concerned Station House

Officer as and when required, for the purpose of investigation.

iii) The petitioner/Accused No.3 shall abide by the other conditions stipulated in Section 437(3) of Cr.P.C.

8.

Accordingly, this Criminal Petition is allowed. Miscellaneous applications, pending if any, shall stand closed.

_________________ K.SURENDER, J Date: 21.08.2023 dv