Keetha Nagaraju v. The State Of Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

FRIDAY, THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TWENry :PRESENT:

THE HONOURABLE JUSTICE G SRI DEVI CRL,P. NO: 8367 OF 2019 Between:

1. Keetha Nagaraju, S/o. Satyanarayana.

2. Keetha Aruna, W/o. Nagaraju

3. Keetha Ramanadham, S/o. Satyanarayana

4. Bathini Shobhan Babu, S/o. Ramulu, Petitioners/Accused No.2 to 5 AND The State of Telangana, Rep by Public Prosecutor, High court at Hyderabad through S.H.O. P.S.Garidepally.

.... Respondent/Complainant Petition under Section 438 of Cr.P.C. praying that in the circumstances stated in the petition filed herein, the High Court may be pleased to grant anticipatory bail to the petitioner directing PS, Garidepally, to release the petitioner on the bail, in the event of his arrest in Crime No.159/2019 on such terms and conditions which this court deem fit and proper in the interest of j u stice.

The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri G Shashidhar Reddy, Advocate for the Petitioners, and of Additional Public ProsecutoT for the respondent, the Court made the following.

ORDER

THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.8367 OF'2019 ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C'), is filed by the petitioners / accused Nos.2 to 5 for grant of anticipatory bail in the event of their arrest in connection with Crime No. 1 59 of 20 19 of Garidepalli Police Station, Suryapet District, registered for the offences punishable under Sections 417,42O and 376 (2) (n) read with 109 I.P.C.

2.

Heard learned counsel for the petitioners/ accused Nos.2 to 5 and the learned Additional Public Prosecutor representing the respondent/ State. Perused the record.

3.

Learned counsel for the petitioner/accused Nos.2 to 5 would submit that the only allegation levelled against these petitioners / accused Nos.2 to 5 is that the petitioners, being parents and relatives of accused No.1, did not accept for the marriage of accused No.l with the victim girl on the pretext that the victim girl belongs to lower caste. Bxcept the above allegation, there are no other allegations whatsoever against these petitioners and so also admittedly, no other incriminating material is available in the F.l.R as well as the Remand Case Diary in order to implicate these petitioners for the offence under Section 420 I.P.C and t ultimately prayed to grant anticipatory bail to the petitioners. 4.

As seen from the contents of the First Information Report as well as Remand Case Diary, the only allegation levelled against these petitioners is that they refused the marriage of accused No.1 I I

with the victim girl. Thus, Iooking into the nature of allegations levelled against the petitioners/ accused Nos.2 to 5, this Court is inclined to grant bail to the petitioners / accused Nos.2 to 5 under Section 438 Cr.P.C on some conditions.

5.

Accordingly, the petitioners/accused Nos.2 to 5 are directed to surrender before the Station House Officer, Garidepalli Police Station, Suryapet District, within a period of 15 days from today. On such surrender, the Station House Officer, Garidepalli Police Station, Suryapet District, shall release the petitioners on bail on their executing a personal bond for a sum of Rs. 15,000/- (Rupees Fifteen Thousand only) each with two sureties for a like sum each to the satisfaction of the said Station House Officer. On such release, the petitioners / accused Nos.2 to 5 shall attend before the said Station House Officer on every Saturday between 10:00 AM and 6:00 PM till completion of investigation and shall abide by the conditions stipulated in Section 438 (2) Cr.P.C and co-operate with the Investigation Officer in concluding investigation. 6.

Accordingly, the Criminal Petition is allowed. Miscellaneous petitions, if any, pending in this petition shali stand closed.

\ SDI- K.

ASSlSfiik'i$"'*o e/ //TRUE coPY// sEcrIoN oFFicER I

To

1. The VIII Additional Sessions Judge, at Miryalguda

2. The Judicial First Class [\4agistrate, Huzurnagar

3. The Station House Officer, Garidepally Police Station, Suryapet, Nalgonda District

4. Two CCs to the Public Prosecutor, High Court at Hyderabad (OUT)

5. One CC to Sri G Shashidhar Reddy, Advocate (OPUC)

6. One spare copy,

HIGH COURT GSD,J DATED: 28.O2.2O2O ORDER:

:JJ'"u'r\ -s.il I CRLP. NO: 8367 OF 2019 \ \ BAIL