Medari Kishan Kumar v. The State Of Telangana

[ 3158 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY, THE TWENTY SEVENTH DAY OF NOVEMBER TWO THOUSAND AND NINETEEN :PRESENT:

THE HONOURABLE JUSTICE G SRI DEVI CRIMINAL PETITION NO: 7455 OF 2019 Between:

lVedari Kishan Kumar, S/o lVl.Kanakaiah Petitioner/Accused AND

1. The State of Telangana Rep. by its Public Prosecutor, High Court for the State of Telangana At Hyderabad.

2. Smt.lVledari Deena Angel,, Wo.lVl.Kishan KumarAged about 27 years, Occ Private Employee R/o.H.No.1-1 0-2812341538, Kushaiguda Rachakonda, R.R.District Respondents/defacto-com pla i na nt Petition under Section 438 of Cr.P C, praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioner on Bail in the event of his arrest in Crime in F.l.R.No.708 of 2019, d|23.10.2019 on the file of Kushaiguda Police Station, Rachakonda District The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of SRI S DALJITH SINGH Advocate for the Petitioner and the ADDITIONAL PUBLIC PROSECUTOR for the Respondent, the Court made the following. ORDER:

THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.7455 ot 2019 ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by petitioner/A1 , seeking to grant anticipatory bail in Crime No.708 of 2019 on the file of Kusaiguda Police Station, Rachakonda District, registered for the offence under Sections 498-4 IPC and under Sections 3 and 4 of Dowry Prohibition Act.

2.

Heard learned counsel for the petitioner/A'l , learned Additional Public Prosecutor representing the respondent-State and perused the record 3.

lt is alleged in the complaint that the marriage of de-facto complainant with the petitioner/Al was performed by her parents on 05.10.2017 by spending Rs.15 lakhs, and after four years of their marriage, the petitioner/A'l along with the other accused used to abuse her in filthy language and beat her and also used to harass her by demanding additional dowry of Rs.l5lakhs to go to America and all the accused used to threaten her with dire consequences 4.

Learned counsel for the petitioner/A1 submits that as the other accused were living separately with the petitioner and the de-facto complainant, the allegations are unsustainable and false and that the other accused always used to pacify the disputes between them. He further submits that the petitioner never demanded any dowry from the parents of the de-facto complainant and all the allegations are

invented for the purpose filing a false complaint and that the petitioner is innocent of the alleged offences and he is ready to prove his case. He further submits that the petitioner shall cooperate with the investigation and he shall abide by any condition imposed by this Court.

5.

Learned Additional Public Prosecutor vehemently opposed to grant anticipatory bail to the petitioner/A1. 6.

ln view of the nature of allegations leveled against the petitioner and other facts and circumstances and since it is a matrimonial dispute between wife and husband and in order to secure the relationship between the parties, lam inclined to grant anticipatory bail to the petitioner/Al with certain conditions 7.

Accordingly, the Criminal Petition is allowed and the petitioner/Al is directed to surrender before the Station House Officer, Kusaiguda Police Station, Rachakonda District, within a period of 15 days from the date of this order. On such surrender, the said Station House Officer shall release the petltioner/A1 on bail on his executing a personal bond for a sum of Rs.15,0001 (Rupees fifteen thousand only) with two sureties for a like sum each to his satisfaction. On such release, the petitioner/A1 shall report before the said Station House Officer on every alternative day between 10.00 AM and 05.00 PM., till completion of investigation orfiling of charge sheet, whichever is earlier; and he shall abide by the conditions stipulated in Section 438(2) Cr.P.C and co-operate with the investigating officer in investigating tle case.

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

Sd. T.RANGA BABU ASSISTANT EGI ,TRUE COPY// For ASSISTANT GISTRAR To, The XIX Additional Metropolitan Magistrate, Cyberabad at Malkajgi. The Station House Officer, Kushaiguda Police Station, Rachakonda District One CC to SRl. S DALJITH SINGH Advocate [OPUC] Two CCs to PUBLIC PROSECUTOR, High Court at Hyderabad [OUT] One Spare copy GR

I HIGH COURT GSDJ DATED:2711112019

ORDER

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