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High Court for State of TelanganaCRLP/6480/2022allowed no costs

Kottapeta Maheshwari v. The State Of Telangana

2022-07-28K.Surender4 pages

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.6480 OF 2022 ORDER:

This Criminal petition is filed under Section 438 of Cr.P.C., seeking pre-arrest bail to the petitioner/Accused No.1 in the event of his arrest in connection with Crime No.400 of 2022, pending on the file of Kusaiguda Police Station, Rachakonda Commissionerate, registered for the offences punishable under Sections 323, 307, 506 read with 34 IPC and Section 75 of Juvenile Justice Act, 2005.

2.

Heard the learned counsel for the petitioner/Accused No.1 and the learned Assistant Public Prosecutor for the respondentState. Perused the record. 3.

The allegations against the petitioner is that she was found in a compromising position with Accused No.2 in the house of her father, who is the de facto complainant on 10.03.2022. The grand daughters of the de facto complainant, who are daughters of petitioner, were found crying and when questioned, they told that Accused No.2 had beaten them for refusing to call him as 'Daddy'. Thereafter, the de facto complainant filed a private complaint against the petitioner and Accused No.2 alleging offences as stated above.

4.

Accused No.2 was granted bail by this Court vide order dated 07.07.2022 in Crl.P.No.5703 of 2022.

5.

In the background of the complaint that this petitioner was having illicit intimacy with Accused No.2 and pursuant to it, there was an altercation, relief can be granted. 6.

In the said circumstances, the petitioner/accused No.1 can be granted the relief of Anticipatory Bail on the following conditions:

1. The petitioner/accused No.1 is directed to surrender before the Station House Officer, Kusaiguda Police Station, Rachakonda Comissionerate, within a period of ten days from the date of this order. On such surrender, the said Station House Officer shall release the petitioner/Accused No.1 on bail on her executing a personal bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two sureties in a like sum each to his satisfaction.

2. On such release, the petitioner/Accused No.1 shall report before the said Station House officer on every Monday between 10:00 a.m. and 5:00 p.m., for a period of two months or till filing of the charge sheet against her, whichever is earlier.

3. The petitioner/accused No.1 shall abide by the other conditions stipulated in Section 438(2) of Cr.P.C. and shall cooperate with the Investigating Officer in investigating the case.

7.

Accordingly, the Criminal Petition is allowed. 8.

Miscellaneous applications, if any pending in this Criminal Petition, shall stand closed.

________________________ JUSTICE K.SURENDER Dt.28.07.2022 ysk

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.6480 OF 2022 Dt.28.07.2022 ysk