Challa Laxmi v. State Of Telangana

THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.7292 of 2019 ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by petitioner/A4, seeking to grant anticipatory bail in Cr.No.185 of 2019 on the file of Zaheerabad Town Police Station, Sangareddy District, registered for the offences under Sections 448, 427, 302, 323, 504, 506 read with Section149 IPC and under Sections 3(2)(v), 3(1)(r)(s) of SCs & STs (POA) Amendment Act, 2015.

2.

Heard learned counsel for the petitioner/A4, learned Additional Public Prosecutor representing the respondent-State and perused the record.

3.

It is alleged in the complaint that on 15.10.2019 at about 0700 hours, A1 to A9 armed with deadly weapons like sticks with common object to kill the son of de-facto complainant, criminally attacked on their house, damaged the doors, door steps and abused her in filthy language in the name of her caste, threatened her by saying that they will kill her son, beat them and also kicked them with legs. Thereafter, at about 0900 hours, all the accused attacked the son of the de-facto complainant with sticks at their agriculture fields, located besides Minority Gurukul School, and killed him brutally on the spot. 4.

Learned counsel for the petitioner/A4 submits that she is innocent of the alleged offences and she has been falsely implicated on the ground that her husband was arrayed as A1 and that the

report categorically stated that A1 to A3, A5 and A6 chased the deceased on 3 bikes, caught hold of him at Pastapur X road. He further stated that on 14.10.2019, the deceased entered into the house of A6 and threatened his wife and also threatened the petitioner and her mother-in-law, and that the deceased was involved in other crimes, which were registered by the Police Zaheerabad Town. He further submits that the petitioner has been falsely implicated in the crime only to harass all the family members and that she is having two female children, aged 6 and 8 years, and that her entire family has been implicated in the present crime and they were arrested on 17.10.2019 and there is no person to look after the welfare of her children. He further submits that as the petitioner is a permanent resident of Algole village having fixed address, the question of absconding does not arise and she will furnish suitable security and abide by any condition imposed by the Court.

5.

Learned Additional Public Prosecutor opposed to grant anticipatory bail to the petitioner.

6.

As seen from the contents of the FIR, the petitioner along with the other accused attacked the son of the de-facto complainant with deadly weapons and assaulted him brutally and killed him on the spot. The petitioner and other accused had criminally trespassed into the house of the de-facto complainant with sticks, scattered household articles and damaged the doors and door steps by creating fear in their minds. The other accused in the crime have

already been taken into custody and the petitioner is absconding from the date of the offence. In view of the involvement of the petitioner in the crime and gravity of the offences, I am not inclined to grant anticipatory bail to her and her prayer for anticipatory bail is refused.

7.

Hence, the Criminal Petition is dismissed.

8.

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

_____________ G. SRI DEVI, J 21st November, 2019 sj