Fareeda Khatoon v. The State Of Telangana,

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.11529 of 2015 ORDER:

This Criminal Petition, under Section 438 Cr.P.C., is filed by the petitioner-A4, seeking to grant anticipatory bail in CC No.315 of 2013 on the file of XV Additional Chief Metropolitan Magistrate, Hyderabad, arising out of Crime No.318 of 2009 of Women Police Station, South Zone, Hyderabad, registered for the offences punishable under Sections 498-A and 406 IPC and Sections 4 & 6 of the Dowry Prohibition Act.

Heard and perused the material available on record. The de facto complainant is the wife of A1 and their marriage took place in the year 2006. The petitioner herein is the wife of the brother of A1. The allegations in the compliant are that after marriage, the de facto complainant was subjected to harassment in the hands of A1 and his family members. Learned counsel for the petitioner submitted that the petitioner is no way concerned with the offence alleged against her and after completion of investigation, charge sheet was filed and as the petitioner was shown as absconding, the Court below issued NBW against her.

Considering the facts and circumstances of the case, this Court is of the view that the anticipatory bail cannot be granted to the petitioner. In the circumstances, the petitioner is directed to surrender before the Court below, and file an application for recalling the warrant issued against her. On filing of such application, the Court below is directed to recall the warrant, on petitioner executing a personal bond for a sum of Rs.5,000/- (Rupees five thousand only) with one surety for her future appearance before the Court below. With the above observations, the Criminal Petition is disposed of. ______________

RAJA ELANGO, J November 16, 2015.

KTL