Utkam Laxmi v. The State Of Telangana
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO.8900 OF 2021 ORDER:- This petition is filed under Section 438 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") seeking pre-arrest bail to the petitioner/A.7 in the event of her arrest in connection with Crime No.252 of 2021 of Mallapur Police Station, Jagtial District, registered for the offences punishable under Sections 341 and 307 read with 34 of the Indian Penal Code, 1860 (for short 'IPC').
2.
The case of prosecution is that a report was lodged by the de facto complainant stating that on 25.10.2021 the accused persons wrongfully restrained him and his brother-in-law, sister, son-in-law, with an intention to kill them, attacked with sticks and iron rods, due to which they received multiple bleeding injuries. Basing on the said report, the present crime is registered.
3.
Heard Mr.K. Venumadhav, learned counsel for the petitioner, and learned Assistant Public Prosecutor for the respondent-State. 4.
Learned counsel for the petitioner submits that in the very same incident, the petitioner herein received injuries and the complaint made by A.3 is registered as Crime No.251 of 2021. He submits that though there are no specific overt acts against each of the accused, all of them have been implicated falsely in this case. It is submitted that entire family members were arrayed as accused. It is submitted that this Court
in Crl.P.No.8004 of 2021 granted pre-arrest bail to A.6 and A.8 to A.10, while dismissing the bail to A.1, A.3 and A.4. Hence, the petitioner's case may be considered for grant of pre-arrest bail. 5.
Learned counsel appearing for the de facto complainant submits that the petitioner and the de facto complainant's family are relatives and in the said incident, the de facto complainant's family also sustained grievous injuries. Learned counsel submits that he filed the photographs in Crl.P.No.8004 of 2021 to show that the injuries sustained by the family members of the de facto complainant and also filed the medical certificates of the injured persons issued by the Civil Assistant Surgeon, Government Civil Hospital, Metpally.
6.
On the other hand, learned Assistant Public Prosecutor submits the medical certificates of the injured persons show that three of the family members of the de facto complainant sustained grievous injuries, as such, the petitioner is not entitled for pre-arrest bail. 7.
Taking into consideration the fact that this Court granted bail to A.6 and A.8 to A.10 in Crl.P.No.8004 of 2021, this Court deems it appropriate to grant pre-arrest bail to the petitioner/A.7. 8.
Accordingly, this Criminal Petition is allowed. Petitioner/A.7 shall surrender before the Station House Officer, Mallapur Police Station, Jagtial District, in connection with Crime No.252 of 2021 within one week from today and on such surrender and executing a personal
bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of the said Station House Officer, she shall be released on bail. It is made clear that no further extension of time will be granted.
Consequently, miscellaneous applications pending, if any, shall stand closed.
___________________________ LALITHA KANNEGANTI, J Date :07.12.2021 mar
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI Allowed anticipatory CRIMINAL PETITION No. 4767 of 2021 01.09.2021
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