Shaik Asha Begum, v. Gunipe Lakshmi,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH CRIMINAL PETITION No.6697 of 2015 Between :

Shaik Asha Begum D/o.Aslam Basha and two others.

... Petitioners/Accused Nos.3 to 5 AND Gunipe Lakshmi W/o.Chowdary and another.

... Respondents DATE OF JUDGMENT PRONOUNCED: 28.07.2015 SUBMITTED FOR APPROVAL:

THE HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO 1.

Whether Reporters of Local newspapers may be allowed to see the Judgments?

Yes/No 2.

Whether the copies of judgment may be marked to Law Reporters/Journals?

Yes/No 3.

Whether Their Ladyship/Lordship wish to see the fair copy of the Judgment?

Yes/No

HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION No.6697 of 2015 ORDER :

This criminal petition is filed by the petitioners/A.3 to A.5 under Section 482 Cr.P.C seeking to quash the proceedings in Crime No.21 of 2015 of Bhattiprole Police Station, Guntur District, registered for the offences punishable under Sections 323, 354 and 506 read with 34 IPC and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2. Heard the learned counsel for the petitioners as well as the 2nd respondent-State represented by the Public Prosecutor, before admission and before notice to the 1st respondent and perused the material on record.

3. The facts fall short for this Court to admit the petition and to quash the proceedings of F.I.R.No.21 of 2015, but for the factual matrix the petitioners are entitles to the concession of bail since they are ladies that too from the very F.I.R. allegation it is one Mustafa abused the de facto complainant touching her caste and the role of these petitioners is for the offence under Sections 323 IPC.

4. Hence, the criminal petition is disposed of giving liberty to the petitioners to surrender before the learned Magistrate concerned and move regular bail application on the same day with affidavit of surrender before the learned Special Judge with notice to Special Public Prosecutor and in such an event, the learned Special Judge shall grant bail in their favour with necessary conditions on the same d a y . Needless to say, at the post bail stage and pending investigation, the presence of the petitioners before the learned

Magistrate can be dispensed with. It is further needless to say, in the event of filing of charge sheet by the police and any cognizance taken by the learned Magistrate, the further remedies, if any, are left open to the petitioners.

5. Miscellaneous petitions pending, if any, shall stand dismissed ____________________________ Dr. B. SIVA SANKARA RAO, J 28th July 2015.

mar