Tarsem Singh v. The State Of Telangana

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1'l{E lro\oL I{,\t}LI,t ,IL S'[ICI.. G SIiI t)EVt . ( ltl\ll\.\1. PI.l'Tll'lO\ \O: 8{39 O[ 2019 " Between:

1'arsem Singh, S/o Sardar Sulakhan Singh Pctitioner/Accused No. l"

AND 'l'he State {)f Iclangana, t{ep., by its Public Prosecutor, High court of1'elangana, Hyderabad RespondenVComplainant ['etition under Section 438 of Cr.P.C, praying that in the circumstances stated in the the Criminal l'ctition. the High Court may be pleased to enlarge the petitioner/A-l on bail in the cvcnt ol lris anesl in connection rlith Cr.No.l06/2019 tj/s 498-A, 123 IPC and 3 and 4 of DP Act. dt. I I I 0-10I 9 of Il' Corridor I)olicc Station. C."-berabad Ihc petition conring on fbr hearing. upon perusing the Pctition filed in support thereof and upor) h:alins tllc arguments of Sri T N{ K Ohgitanya. Advocate lor the Petitioner and of r\ddition:r Public l)rosccutor lol the Respondent. the Court made the following. oRt)r.r.i:

!

\ HON'BLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.8439 of 20'9 ORDER:

This Criminal Petition under Section 438 of C'.P.C. is filed by the petitioner/Al seeking anticipatory bail to him in Crime No.106 of 2019 on the file of lT Corridor Police Station, Cyb'erabad District, registered fc,r the offences under Sections 498-4, 323 IPC and under Sections 3 and 4 of Dowry Prohibition Act.

2. lt is alleged in the complaint that the petitionerr/A1 and other accused used to harass the de-facto complainant mentally and physically by demanding additional dowry and they used to force her to leave the house and to give divorce to A1 and thert her husbandAl used to beat her. 3.

Heard learned counsel for the petitioner/Al as well as the learned Additional Public Prosecutor appearing for respondenUSlate. Perused the material on record 4.

Learned counsel for the petitioner/Al submils that as the petitioner's marriage was love marriage, the question of dowry does not arise and that due to adamant and cruel behavior of the de-facto complainant, the petitioner filed a complaint against h-.r and he also issued a legal notice on 10.07.2019 to her due io unbearable behavior. He further submits that except bald and general allegations, there is no injury sustained by the de-facto complainant attracting the offence under Section 323 IPC and als;o there is no demand of additional dowry attracting the offence under Section 498-4 lPC. He fu(her submits that entire investigation is completed, except filing of the charge sheet. He also submits that the petitioner

\ .ro"3toor'r'"r,n I shall furnish suitable security and he shall abide by any condition imposed by this Court.

6.

Learned Additional Public Prosecutor opposed the relief sought in the petition.

7. ln view of the nature of allegations made against the petitioners and other facts and circumstances, without adverting to the merits of the matter, I am inclined to grant anticipatory bail to the petitioner/Al by imposing some conditions.

8.

Accordingly, the Criminal Petition is allowed and the petitioner/Al is directed to surrender before the Station House Officer, lT Corridor Police Station, Cyberabad District, within a period of 1 5 days from the date of this order. On such surrender, the said Station House Officer shall release the petitioner/A1 on bail on his executing a personal bond for a sum of Rs.25,0001 (Rupees twenty five thousand only) with two sureties for a like sum each to his satisfaction. Further, the petitioner/A1 shall appear before the lnvestigating Officer on 1"tand 3'd Saturday of every month between 10.00 AM and 5.00 Pltll till completion of investigation or filing of charge sheet, whichever is earlier. The petitioner/A1 shall abide by the conditions stipulated in Section a38(2) Cr.P.C and co-operate with the investigating officer in investigating the case.

9. As a sequel, miscellaneous petitions if any pending in the criminal petition, shall stand closed.

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