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High Court for State of TelanganaCRLP/12540/2023disposed of no costs

Bhukya Anitha v. The State Of Telangana,

2023-12-22K.Surender4 pages

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.12540 OF 2023 ORDER:

1.

This Criminal Petition is filed under Sections 437 and 439 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking regular bail to the petitioner/accused No.4 in Crime No.195 of 2023, on the file of Gudur Police Station, Mahbubabad District, registered for the offence punishable under Section 302 of IPC.

2.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent-State and perused the record.

3.

The case of the Police, Gudur is that A-1 and A-3 developed illegal intimacy and planned to kill the deceased. The said plan to kill the deceased was on account of the deceased harassing A-3 who is his wife physically and mentally in a drunken condition on a daily basis. This petitioner is sister of A-3. It is alleged that when it was informed to this petitioner that A-1 and A-3 planned to do away with the deceased, she also offered help of Rs.30,000/-.

Thereafter, there was an attempt made to cause disappearance of evidence.

4.

Learned counsel appearing for the petitioner would submit that at most, the petitioner may be liable for the offence under Section 201 of IPC, since it is not alleged that this petitioner was present or had nothing to do with the alleged killing of the deceased by A-1 and A-3. 5.

On the other hand, learned Additional Public Prosecutor opposed the bail application on the ground that the case is under investigation.

6.

As seen from the remand report, it is A-1 and A-3 who planned alleged killing of the deceased. According to the remand report, this petitioner who is the sister of A-3 had helped A-1 by giving money. Admittedly, she was not present at the time of killing nor instigated the alleged killing except providing money.

7.

Keeping in view that the petitioner is a woman, this Court deems it appropriate to grant the relief regular bail, subject to following conditions:

i) The petitioner/accused No.4 shall execute personal bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties, for a like sum each to the satisfaction of Principal Sessions Judge, Mahbubabad.

ii) The petitioner/accused No.4 after release shall appear before the concerned Station House Officer at 10:00 a.m. on every Monday for a period of four weeks and thereafter, as and when required for the purpose of investigation.

iii) The petitioner/accused No.4 shall abide by the other conditions stipulated in Section 437(3) of Cr.P.C.

8.

Accordingly, this Criminal Petition is allowed.

Miscellaneous applications, pending if any, shall stand closed.

_________________ K.SURENDER, J Date: 22.12.2023 dv

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.12540 OF 2023 Dt.22.12.2023 dv