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High Court for State of TelanganaCRLP/8563/2023disposed of no costs

Guggilla Kalavathi v. The State Of Telangana

2023-09-12K.Surender4 pages

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.8563 of 2023 ORDER:

1.

This Criminal Petition is filed under Section 438 of Cr.P.C. by the petitioner/Accused seeking bail in the event of her arrest in connection with Crime No.88 of 2023 on the file of Danthalpally Police Station, Mahbubabad, registered for the offences punishable under Sections 452 and 307 r/w. 34 of Indian Penal Code.

2.

Heard learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State and perused the record.

3.

The allegation of the de-facto complainant is that this petitioner and two others who are A-1 and A-2 trespassed into the house and assaulted the de-facto complainant and others. A-1 injured with a rod and this petitioner allegedly with a stone. A-1 is the husband of this petitioner.

4.

Learned counsel appearing for the petitioner would submit that there are civil disputes in between the parties which are pending since 2007. The petitioner, other accused and

de-facto complainant belong to the same family who are fighting over the property having filed a suit for partition. 5.

As seen from the record, there are civil disputes amongst the parties. All the injured and the accused are relatives. However, in the complaint, no specific over tacts are attributed to this petitioner regarding injuring any person, though her presence is mentioned in the complaint.

6.

Keeping in view that there are property disputes and also that this petitioner is a lady, this Court deems it appropriate to grant the relief of anticipatory bail to the petitioner, subject to the following conditions:

1) The petitioner/Accused is directed to surrender before the Station House Officer, Danthalpally Police Station, Mahabubabad, on 15.09.2023. On such surrender, the said Station House Officer shall release the petitioner on bail, on her executing personal bond for a sum of Rs.25,000/- (Rupees Twenty five thousand only) with two sureties for a like sum each to his satisfaction.

2) On such release, petitioner/Accused shall appear before the concerned Station House Officer, for the purpose of investigation, as and when required.

3) The petitioner/Accused shall abide by the other conditions stipulated in Section 438(2) of Cr.P.C and shall co-operate with the Investigating Officer in investigating the case.

7.

Accordingly, this Criminal Petition is allowed.

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

__________________ K.SURENDER, J Date : 12.09.2023 dv

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.8563 of 2023 Dt.12.09.2023 dv