Bomlma Pushpa v. The State Of Telangana,

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL PETITION NO.10140 of 2016 ORDER :

Heard learned counsel for the petitioner and learned Public Prosecutor appearing for the respondent-State. The petitioner, who is accused No.4, filed present Criminal Petition under Section 438 Cr.P.C. seeking release in the event of her arrest in C.C.No.252 of 2013 on the file of the Judicial Magistrate of First Class, Chevella, Ranga Reddy District, arising out of Crime No.125 of 2009 of Shabad Police Station.

It is the case of the prosecution that a charge sheet came to be filed against six accused for the offences punishable under Sections 420, 467, 471 and 120 (B) IPC, which was taken on file as C.C.No.7 of 2011. At the time of filing of charge sheet the petitioner was shown as absconding. Hence the case against the petitioner was split up. Pursuant there to, non-bailable warrants came to be issued. Learned counsel for the petitioner mainly submits that the petitioner, who is a lady, is not aware about the registration of crime, filing of charge sheet and issuance of non-bailable warrant. In view of the above, he seeks recall of non-bailable warrant though he preferred the petition under Section 438 Cr.P.C. seeking anticipatory bail.

Learned Public Prosecutor opposed the application contending that the petitioner along with some of the accused in the above C.C., are evading the process of law since 2009.

Having regard to the facts and circumstances stated above, the petitioner shall surrender before the Judicial Magistrate of First

Class, Chevella, within a period of ten days from today and move an application for bail before the Court concerned, in which event the same shall be considered on such terms and conditions as the Court deems fit and proper, on the same day.

Accordingly, the Criminal Petition is disposed of. _________________________ JUSTICE C. PRAVEEN KUMAR 20.07.2016 gkv