Shakeel Ahmed v. The State Of Telangana

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.4150 of 2017 ORDER:

This petition is filed, by the petitioner/accused No.3, under Section 438 Cr.P.C. seeking anticipatory bail in Crime No.95 of 2016 on the file of the Station House Officer, Reinbazar Police Station, Hyderabad City, registered for the offences punishable under Sections 370 and 420 I.P.C.

2.

The learned counsel for the petitioner submitted that even if the allegations made in the complaint are ex facie taken to be true and correct, no prima facie case is made out against the petitioner for the offences punishable under Sections 370 and 420 I.P.C. He further submitted that it is not the duty of the petitioner to bring back the victim. He also submitted that accused Nos.1 and 2 were granted regular bail; therefore it is a fit case to grant anticipatory bail to the petitioner.

3.

The learned Additional Public Prosecutor submitted that the allegations made in the complaint prima facie constitute the offences alleged to have been committed by the petitioner. He further submitted that the investigation is in progress; therefore, it is not a fit case to grant anticipatory bail to the petitioner. 4.

A perusal of the record reveals that one Smt. Ghousia Khatoon is the de-facto complainant. As per the remand report, the petitioner herein along with accused Nos.1 and 2 induced the victim girl that she will get good salary at Riyadh and sent her to Riyadh after collecting an amount of Rs.20,000/- as commission.

5.

I have carefully perused the C.D. file. A perusal of the same clearly reveals that the victim was sent to Riyadh to work with one Khafil. It further reveals that the said Khafil harassed the victim. The victim requested the petitioner and other accused to bring her back to India, in view of the harassment of her owner. It also reveals that the petitioner herein along with accused Nos.1 and 2 demanded an amount of Rs.2,00,000/- to bring back the victim. Unfortunately, the victim died in Riyadh due to ill-health. A perusal of the record prima facie reveals the role played by the petitioner, who is a resident of Bombay. It also reveals that the investigation is in progress.

6.

Taking into consideration the nature of the offences alleged to have been committed by the petitioner, this Court is of the considered view that it is not a fit case to grant anticipatory bail to the petitioner.

7.

Accordingly, the Criminal Petition is dismissed. ________________________ T.SUNIL CHOWDARY, J Date: 07.08.2017 Ivd