Smt. Aruna Bai v. The State Of Telangana

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL PETITION No.4886 OF 2016 ORDER:

Heard the learned counsel for the petitioner and the learned Public Prosecutor for the respondent.

2. The present Criminal Petition is filed under Section 440 (2) read with Section 482 Cr.P.C., seeking reduction of the sureties and the amount in the order, dated 18.09.2015, passed in Crl.M.P.No.2852 of 2015 in Crime No.1134 of 2015-16 by the II Additional Metropolitan Sessions Judge, Hyderabad, wherein an application filed by the petitioner/A-2 seeking anticipatory bail was allowed.

3. Perused the record. The Court below while allowing Crl.M.P.No.2852 of 2015, directed the petitioner/accused No.2 to surrender before the Station House Officer of Excise Dhoolpet, Hyderabad and on such surrender, the petitioner was directed to be released on his executing a bond for Rs.10,000/- (Rupees Ten Thousand Only) with two sureties for like sum to the satisfaction of the above said Station House Officer. The petitioner herein was also directed to appear before the Station House Officer of Excise Dhoolpet, Hyderabad, on every Saturday between 9.00 a.m. and 12.00 noon for a period of six weeks from the date of that order or till filing of the charge sheet, whichever is earlier. The petitioner/accused No.2 was also directed to surrender her passport, if any, before the Station House Officer, Excise Dhoolpet, Hyderabad.

4. Learned counsel for the petitioner mainly submits that the petitioner who is a poor and indigent widow is not in a position to secure two sureties for a sum of Rs.10,000/- each. He further submits that earlier, the petitioner filed a petition before the II Additional Metropolitan Sessions Judge, at Hyderabad, under Section 440(2) of Cr.P.C.

seeking reduction of surety amount imposed in

Crl.M.P.No.3106 of 2015, but the same was dismissed on 28.10.2015.

5. Having regard to the facts and circumstances of the case, the Criminal Petition is allowed and the petitioner/A-2 shall be released on her executing a personal bond for Rs.5,000/- (Rupees Five Thousand Only) with one surety for like sum to the satisfaction of the Station House Officer within a period of ten (10) days from today and thereafter, the petitioner is directed to appear before the Station House Officer of Excise Dhoolpet, Hyderabad, on every Saturday between 9.00 a.m. and 12.00 noon for a period of six weeks as directed earlier.

_________________________________ JUSTICE C. PRAVEEN KUMAR Date: 28th March, 2016 KL HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL PETITION No.4886 OF 2016

Date: 28th March, 2016 KL