Smt. Govindpur Swapna v. State Of Tetangana
[ 3158 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
FRIDAY, THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY ONE :PRESENT:
THE HONOURABLE JUSTICE G SRI DEVI CRIMINAL PETITION NO: 7926 OF 2021 Between:
1. Smt. Govindpur Swapna, Wo. G. Prabhu
2. M. Arun Kumar, S/o. Srinivas.
3. M. Hari @ Harish Kumar, S/o. Srinivas, Petitioners/Accused NOs.1 to 3 AND State of Tetangana, through S.HO. Ramachandrapuram Police Station, rep. by Public Prosecutor, High Court at Hyderabad.
RespondenUComplainant Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the Criminal Petition, the High Court may be pleased to direct the S.H.O. Ramachandrapuram Police Station, Sangareddy Medak District to enlarge the Petitioners/Accused Nos. 'l to 3 on bail in the event of their arrest in Crime No. 225 of 2021 , df. 2210312021 on, the file of Ramachandrapuram Police Station, Sangareddy District, in the interest of jtstice.
The petition comin$.on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri PALLE SRIHARINATH, Advocate for the Petitioneis, Asst. PUBLIC PROSECUTOR for the Respondent, the Court made the following.
ORDER:
a -i ('
THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.7926 of 2021 ORDER:
This Crimlnal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by the petitioners/A1 to A3 seeking to grant anticipatory bail in the event of their arrest in Cr.No,225 of 2021 on the file of Ramachandrapuram Police Station, Cyberabad District, registered for the offence punishable under Section 306 read with Section 34 lPC. 2.
Heard learned counsel appearing for the petitioners/Al to A3, learned Assistant Public Prosecutor appearing for the respondent-State and perused the record.
3.
Learned counsel for the petitioners submits that the deceased, who is the husband of 1st petitioner/A'1 , addicted to alcohol and used to harass her physically and mentally and abused her in filthy language. He further submits that the petitioners are no way concerned with the alleged offences and they have been falsely implicated in the present case. 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.
4.
Learned Assistant Public Prosecutor vehemently opposed to grant anticipatory bail to petitioners.
5.
A perusal of the case diary and the statements of witnesses, there are specific allegations against 2nd and 3'd petitioners/A2 and 43 regarding assault against the deceased soon before his death. Thus, looking into the !
nature of allegations leveled against the 2nd and 3'd petitioners/A2 and 43 and the gravity of the offence, I am not inclined to release them on anticipatory bail and accordingly, their prayer for anticipatory bail is rejected.
6.
lnsofar as 1't petitioner/Al is concerned, she is having two minor school going children and there is no one to look after their welfare. Thus, looking into the nature of allegations-leveled against the 1'r petitioner/Al , without delving into the merits of the matter, I am inclined to grant anticipatory bail to her. 7 .
The Criminal Petition is partly allowed and the 1st petitioner/Al is granted anticipatory bail subject to the following terms and conditions: (i) The 1st petitioner/Al is directed to surrender before the Station House Officer, Ramachandrapuram Police Station, Cyberabad 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 1"t petitioner/Al on bail on her executing a personal bond to the tune of Rs.25,0001 (Rupees twenty five thousand only) with two sureties for the like sum each to his satisfaction.
(ii) On such release, the l st petitioner/A1 shall appear before the lnvestigating Officer on 3'd Saturday of every month between 10.00 AM and 5.00 PM., till completion of investigation and filing of final report.
(iii) The 1"t petitioner/A1 shall abide by the other conditions stipulated in Section 438(2) Cr.P C., and she shall cooperate with the investigatron.
B.
The Criminal Petition is dismissed against the 2nd and 3'd petitioners/A2 and A3, 51 Miscellaneous applications, if any pending in this criminal petition, shall stand closed.
sDl- V.SUDHA ASSISTANT BEGISTRAR L'i1-'^ '
//TRUE COPY// SECTION OFFICER
/ J / To,
1. The Vll Additional District and Sessions Judge, Medak at Sangareddy
2. The Special Judicial First Class Magistrate, Prohibition & Excise Offences Court at Sangareddy.
3. The Station House Officer, Police Station Ramachandrapuram, Sangareddy, Medak District.
4. One CC to SRI PALLE SRIHARINATH Advocate IOPUC]
5. Two CCs to PUBLIC PROSECUTOR, High Court at Hyderabad. (OUT)
6. One spare copy mvj ,l
/ HIGH COURT GSD,J (;
.i:i DATED:0511112021 ..
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ORDER
CRLP.No.7926 of 2021 BAIL