Mirza Hameedullah Baig v. The State Of Telangana

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No. 7029 of 2022 ORDER:

This Criminal Petition is filed under Section 438 of Cr.P.C. by petitioner/Accused Nos.1 & 3 seeking bail in the event of their arrest in connection with Crime No.215 of 2022 on the file of Karimnagar II Town Police Station, Karimnagar district, registered for the offences punishable under Sections 341, 382, 290, 323, 504, 506 read with Section 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 petitioners are husband and mother-in-law of defacto complainant. The marriage of the defacto-complainant with first petitioner took place on 12.2.2022 and thereafter there were constant fights between petitioners' family members and defacto complainant. The present complaint was lodged by the defacto complainant on the allegation of harassing her and ultimately snatching away her gold chain and for also threatening to kill her. The first petitioner filed a complaint before State Human Rights Commission and Commissioner of Police, Hyderabad on 1.6.2022 alleging that his wife and her family members are harassing him and his family members.

4.

The learned counsel for the petitioners submits that due to incompatibility, case and counter case have been filed. The case is one of differences between spouses.

5.

The learned Assistant Public Prosecutor opposes the bail application on the ground that there is an allegation under Section 382 of IPC and recovery has to be made.

6.

However, keeping in view the disputes between the spouses, this Court feels it appropriate to grant the relief of Anticipatory Bail to the petitioners.

7.

Accordingly, criminal petition is allowed and petitioners/Accused Nos.1 and 3 shall be enlarged on bail in the event of their arrest, subject to the following conditions:

1) The petitioners/Accused 1 and 3 are directed to surrender before the Station House Officer, Karimnagar-II Town Police Station, Karimnagar district and on such surrender, said Station House Officer, shall release petitioners/Accused No.1 and 3 on bail, on their executing personal bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) each with two sureties in a like sum each to his satisfaction.

2) On such release, the petitioner No.1/Accused No.1 shall appear before the police on every Monday and Wednesday for a period of six weeks at 10.00 a.m. and thereafter as and when required, for the purpose of investigation.

Petitioner No.2/Accused No.3 shall appear before the Police as and when required for the purpose of investigation.

3) The petitioners/Accused No.1 and 3 shall abide by the other conditions stipulated in Section 438(2) of Cr.P.C and shall co-operate with Investigating Officer in investigating the case.

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

_________________ K.SURENDER, J Date : 8.8.2022 DA

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No. 7029 of 2022 8.8.2022 DA