Saritha v. The State Of Telangana
HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION No.6322 of 2018 ORDER :
The petitioner is the accused in Crime No.9 of 2018 of Chevella Police Station, Cyberabad, registered for the offences punishable under Sections 420, 468 and 471 IPC. She is seeking anticipatory bail in the above crime.
2.
The contentions in the anticipatory bail application are that she is a Stenographer and working as Personal Assistant since June 2017 under the de facto complainant-the Junior Civil Judge at Chevella (under suspension) and that the petitioner lodged a complaint against the de facto complainant to the District Judge, Ranga Reddy, and copy of the same forwarded to the Administrative Judge on 17.08.2017 and 19.08.2017 respectively and the present report in registration of the crime is a counter blast to it and de facto complainant was suspended from duties twice and there are several complaints against him in performance of his duties as judicial officer and the petitioner is a orphan and worked independently and joined the Government service and she belongs to S.C. community and selected in S.C.
community quota and she did not fabricate any document nor cheated any authority and she do not know as to in transfer certificate of her it is shown as of forward caste, though she is S.C. and married a S.C.
Dr.SSRB, J Crl.P.No.6322 of 2018 from earlier bail application dismissed by another Bench of this Court, dated 20.04.2018.(Crl.P.No.3256 of 2018), and as she is a government employee and that if she is being arrested, her carrier and prospects will be ruined and abide by conditions.
3.
Learned Public Prosecutor opposed the anticipatory bail application by supporting the previous dismissal order of another Bench of this Court.
4.
Heard and perused the bail application averments, First Information Report, Community and Date of Birth Certificate and Community, dated 31.01.2000, Nativity and Date of Birth Certificate, dated 16.09.2000, that placed reliance by the petitioner, Part-I case diary information and the earlier dismissal order of the bail application of the petitioner by another Bench of this Court supra. 5.
A perusal of the order of this Court, dated 20.04.2018 in Crl.P.No.3256 of 2018 no way deserves reconsideration of the anticipatory bail application, but for giving liberty to the petitioner, if chooses, to surrender before the learned Magistrate concerned and move for regular bail to grant with necessary conditions after hearing by keeping in mind any detention beyond 48 hours in custody may likely to losing of the job, leave about the merits of the investigation of the crime about the so-called cheating and forgery in using the alleged Caste Certificate in getting the job, that is matter to be investigated further in the pending crime. Needless to say, for none of
Dr.SSRB, J Crl.P.No.6322 of 2018 the offences punishable above seven years, police strictly follow Section 41-A Cr.P.C. and the guidelines of Apex Court in Arnesh Kumar v. State of Bihar1, in the event of any requirement of arrest. 6.
With the above observations, the criminal petition is dismissed. Miscellaneous petitions pending, if any, shall stand closed. ____________________________ Dr. B. SIVA SANKARA RAO, J 13th July 2018.
mar 1 (2014) 8 SCC 273