P. Padma v. The State Of Telangana Through S.H.O., P.S. Korutla

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.7862 OF 2022 ORDER:

This Criminal Petition is filed under Section 438 of the Code of Criminal Procedure, 1973 seeking bail to the petitioner who is arrayed as Accused No.3 in the event of her arrest in Crime No.333 of 2022 on the file of Station House Officer, Korutla Police Station, Jagtial District registered for the offences punishable under Sections 448, 307, 290 and 323 read with Section 34 of Indian Penal Code. 2.

Heard learned counsel for petitioner/Accused No.3 and learned Assistant Public Prosecutor for respondent-State. Perused the record.

3.

The case of the prosecution is that the petitioner who is Accused No.3 is alleged to have accompanied her husband and another to the house of the victim and assaulted him. As per the remand report of Accused No.1, Accused Nos.2 and 3 were shown as accompanying Accused No.1 when they trespassed into the house of the injured and attacked them.

4.

Learned counsel for the petitioner submits that it was Accused No.1 who had attacked the injured and the allegation against this petitioner is that she has slapped the mother of the de facto complainant.

5.

In the said circumstances, since the allegation of attacking with a scissor is against Accused No.1, this petitioner who is the wife of Accused No.1 can be granted the relief of anticipatory bail against whom the overtact attributed is that she has slapped the mother of the de facto complainant.

6.

Accordingly, the Criminal Petition is allowed and the petitioner/Accused No.3 shall be enlarged on bail in the event of her arrest subject to the following conditions:

i) The petitioner/Accused No.3 is directed to surrender before the Station House Officer, Korutla Police Station, Jagtial District within one week from today, and on such surrender, she shall be enlarged on bail on her executing personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties to the like sum each, to its satisfaction.

ii) The petitioner/Accused No.3 shall appear before the investigating authorities as and when required for the purpose of investigation.

iii) The petitioner/Accused No.3 shall abide by the other conditions stipulated in Section 438(2) Cr.P.C. 6.

As a sequel thereto, miscellaneous applications, if any pending, shall stand closed.

_____________ K.SURENDER, J Date: 13.09.2022 ns