M. Padmavathi v. The State Of Telangana

HON'BLE Dr. JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION No.10680 of 2022 ORDER:

1.

Heard the submission of Sri V.Ramesh Reddy, learned counsel appearing for the petitioner as well as the learned Additional Public Prosecutor who is representing Respondent No.1.

2.

Seeking pre-arrest bail, the petitioner, who is arrayed as Accused No.1 in Crime No.363 of 2022 of RGI Airport Shamshabad, Cyberabad District, is before this Court. 3.

Making his submission, learned counsel for the petitioner contends that the petitioner has not committed any offence whatsoever. Learned counsel states that the petitioner, being a land lady has got every right to let out her property and further, the allegation of the de-facto complainant is that the petitioner has not obtained permission and handed over the same to him to run the hostel. Learned counsel states that it is not the duty of the land lady to obtain permission for maintaining and running the hostel and the person who runs the hostel has to obtain such permission. Learned counsel also submits

that the respondent No.2/de-facto complainant is at fault and therefore, the petitioner gave a complaint to Telangana State Human Rights Commission and the same is pending. Learned counsel also submits that the petitioner, thus being a widow who is suffering, is entitled for anticipatory bail.

4.

On the other hand, the submission of the learned Additional Public Prosecutor is that the petitioner is in the habit of receiving money, letting out her property and creating troubles and the de-facto complainant also faced such harassment and therefore, he gave complaint to police.

5.

As per the version of the prosecution, the petitioner has committed offences punishable under Sections 420, 342 and 506 IPC. Learned Additional Public Prosecutor states that four material witnesses were examined till now. 6.

Thus, considering the said fact and also taking into consideration, the submissions made by the learned counsel for the petitioner, this Court is of the view that the request of the petitioner can be honoured, however, conditionally.

7.

In the result, the Criminal Petition is allowed with the following conditions:

(i) The petitioner/Accused No.1 is directed to surrender before the concerned Court within ten

(10) days. On such surrender, she shall be enlarged on bail on her executing a personal bond for Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for like-sum each to the satisfaction of the Court concerned. The sureties are directed to submit their two latest passport size photographs at the time of furnishing solvency. One such photograph is ordered to be pasted in the Surety Register against the name of the surety. The other photograph shall be kept in the case record concerned.

(ii) The petitioner/Accused No.1 shall report before the Station House Officer, RGI Airport Shamshabad Police Station, on every Monday between 10.30 a.m. and 12:00 p.m. till filing of final report.

(iii) The petitioner/Accused No.1 should not involve in any unlawful activity.

(iv) The petitioner/Accused No.1 should afford all assistance for the proper investigation of the case.

(v) The petitioner/Accused No.1 should not cause the evidence of the offence disappear.

(vi) The petitioner/Accused No.1 should not tamper with the evidence in any manner.

(vii) The petitioner/Accused No.1 should not by way of inducement, threat or promise, dissuade any person who is acquainted with the facts of the case, from disclosing such facts to the Court or to the Police Officer.

(viii) In case the petitioner/Accused No.1 holds a passport, she shall surrender the same.

(ix) The petitioner/Accused No.1 should ensure her presence whenever required by the Court or Police.

(x) The petitioner/Accused No.1 shall not leave India without previous permission of the court concerned. (xi) The petitioner/Accused No.1 shall file an affidavit before the Court concerned disclosing the following particulars:-

(1) Contact number

(2) Mail address

(3) Residential particulars.

In case, there is any change of the aforementioned details, the petitioner shall intimate the court concerned by giving a fresh affidavit duly mentioning the change. She shall continue to do so till filing of the final report.

Any deviation of the above conditions would entitle the respondent to take appropriate steps for cancellation of the pre-arrest bail granted.

________________________________________ Dr. JUSTICE CHILLAKUR SUMALATHA Date: 08.12.2022 sai

HON'BLE Dr. JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION No.10680 of 2022 Date: 08.12.2022 sai

CIVIL REVISION PETITION No.3578 of 2018

27.12.2021 DA