Dasari Shaivalini v. The State Of Telangana

[ 3158 I HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE ELEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY ONE :PRESENT:

THE HONOURABLE JUSTICE G SRI DEVI CRIMINAL PETITION NO: 7792 OF 2021 Between:

1. Dasari Shaivalini, D/o. late Dasari Shyamraj, W/o. Juluri Manish Goud

2. Juluri lvlanish Goud, S/o. Venkatanarayana

3. Dasari Ramadevi, W/o. late Dasari Shyamraj ... Petitioners/A'l to A3 AND The State of Telangana, Rep. by its Public Prosecutor, High Court of for the State of Telangana, Hyderabad.

...R0espondenUComplainant Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioners/Accused Nos.1 to 3 on Anticipatory Bail in Crime No.253 of 2021 of P.S, Narasmpeta Town, in the event of their arrest. The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of M/s JAGAN ALLABOINA Advocate for the Petitioners and of Assistant PUBLIC PROSECUTOR for the Respondent, the Court made the following.

ORDER:

THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.7792 of 2021 ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by the petitioners/A1 to 43 seeking to grant anticipatory bail in the event of their arrest in Cr.No.253 of 2021 on the file of Narsampet Town Police Station, Warangal District, registered for the offences punishable under Section 306 read with Section 108 lPC. 2.

Heard learned counsel appearing for the petitioners/A1 to A3, learned Assistant Public Prosecutor appearing for the respondenfState and perused the record.

3.

The case of the prosecution is that due to joint family property disputes, the accused harassed the de-facto complainant and her husband, due to which, her husband has committed suicide by consuming rat poison on 28.09 .2021 .

4.

Learned counsel for the petitioners submits that the entire allegations made in the complaint are false and fabricated in order to implicate the petitioners. He further submits that petitioners are own sister, brother-in-law and mother of the husband of de-facto complainant and they are residing separately. He also submits that the petitioners have no criminal antecedents prior to this occurrence and they are law abiding citizens and ready to abide by any condition imposed by this Court in the event of their enlargement on anticipatory bail. 5.

Learned Assistant Public Prosecutor vehemently opposed to grant anticipatory bail to petitioners.

6.

A perusal of the FIR and other material papers, it seems that the dispute is with regard to the joint family property, and admittedly, the defacto complainant and her husband were staying away from the petitioners I and that though the alleged incident occurred on 28.09.2021 , FIR was

registered on 01 .10.2021 and that even in the complaint, there are no allegations that the petitioners have instigated or abetted the husband of the de-facto complainant to commit suicide. Thus, looking into the nature of allegations leveled against the petitioners and other facts and circumstances, without delving into the merits of the matter, I am inclined to grant anticipatory bail to the petitioners/A1 to A3. 7.

The Criminal Petition is allowed and the petitioners/A1 to A3 are granted anticipatory bail subject to the following terms and conditions: (i) The petitioners/A1 to A3 are directed to surrender before the Station House Officer, Narsampet Town Police Station, Warangal District, within a period of 15 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 a personal bond to the tune of Rs.1 5,000/- (Rupees fifteen thousand only) each with two sureties for the like sum each to his satisfaction. (ii) On such release, the petitioners/A1 to 43 shall appear before the lnvestigating Authority as and when required for the purpose of fair investigation.

iii) The petitioners/A1 to 43 shall abide by the other conditions stipulated in Section 438(2) Ct.P.C. and cooperate with the investigation.

B.

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

u r, *;rruHtff t[" r,,r*o* wv //TRUE COPY// SECTION OFFICER ,/ To,

1. The Station House Officer' potij Station' Narasmpeta Town Warangal Dlstrict'

2. One CC to lr'4/s JAGAN ALLABOINA' Advocate [OPUC]' a T\^/o CCs to PUBLIC pnOSgCUfOR' High Court for the State of Telangana at " HYderabad tOUTI'

4. One spare coPY ZEE

HIGH COURT GSDJ DATED:1111 112021

ORDER

CRLP.No.7792 of 2021 STATF ( q 1 1 N$\l ?[21 -?

4.

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