S. Mahaboob Basha v. The State Of A.P
HIGH COURT OF JUDICATURE AT HYDERABAO FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THURSDAY, THE TWENTY FIFTH DAY OF OCTOBER, TWO THOUSAND AND E IG HTEE N : PRESENT:
THE HONOURABLE DR JUSTICE SHAMEEM AKTHER CRLP.Nos. 10801 & 10806 of 2018 Crl.P.No. 10801 of 2018 :- Between:- S. Ir,4ahaboob Basha, S/o. Sharifuddin Petitio n e r/Accu s e d No. 1 AND The State of Andhra Pradesh, rep. by Public Prosecutor, High Court at Hyderabad.
(Through SHO, Kadiri P.S., Anantapur District) ..... Respondent.
Petition filed under Section 438 of Cr.P.C. praying that in the circumstances stated in the Grounds of Criminal Petition, the High Court may be pleased to enlarge the Petitioner/Accused No.1 on anticipatory bail in the event of his arresl in connection with Crime No. 200 of 2018 on the file of Kadiri Town Police Station, Anantapuramu District, during the pendency of inquiry and trial. CRL.P.No. 10806 of 2018 :- Between:- 1.S. Sharifuddin S/o. S. Khadarvali 2.S. Haseena Begum, Wo. S. Sharifuddin 3.S. Nooruddin S/o. Sharif uddin 4.S. Rajvana, W/o. Arshad.
(A-2) (A-3) (A-4) (A-5) ..... Petitioner/Accused Nos. 2 to 5.
AND The State of Andhra Pradesh, rep. by Public Prosecutor, High Court at Hyderabad.
(Through SHO, Kadiri P.S., Anantapur District)
...Respondent
Petition filed under Section 438 of Cr.P.C. praying that in the circumstances stated in the Grounds of Criminal Petition, the High Court may be pleased to enlarge the Petitioners/Accused Nos. 2 to 5 on anticipatory bail in the event of their arrest in connection with Crime No. 200 of 2018 on the file of Kadiri Town Police Station, Anantapuramu District, during the pendency of inquiry and trial. These petition coming on for hearing, upon perusing the memorandum of grounds filed in support thereof and upon hearrng the arguments of Sri N. Ranga Reddy, Advocate for the Petitioners in both petitons and of Additional Public Prosecuto(AP) on behalf of Respondent-State, the Court made the following ORDER:-
THE HON'BLE DT. ]USTICE SHAMEEM AKTHER Criminal Pet tion No.1O8O1 & 10806 of 2O18 COMMO ORDER:
Since both these Criminal Petitions are Filed seeking bail in the same crime and the facts of the case and the issues involved are similar, both these Criminal Petitions are being disposed of by th is common order.
2.
Criminal Petition No.10801 of 2018 is filed by the petitioner/A.1 under Section 438 of Cr.P.C., seeking anticipatory bail in the event of his arrest in Crime No.200 of 2018 of Kadiri Town Police Station, Anantapuramu District, registered for the offences punishable under Sections 4984, 342, 384, 506 read with 34 of I.P.C. and Sections 3 & 4 of the Dowry Prohibition Act, lvbr.
3.
Criminal Petition No.10806 of 2018 is filed by the petitioners/A.2 to A.5 under Section 438 of Cr.P.C., seeking anticipatory bail in the event of their arrest in same crime of same police station registered for similar offences. 4.
Heard the learned counsel for the petitioners in both these petitions (A.1 to A.5), the learned Additional Public Prosecutor representing the respondent-State in both these petitions and perused the record, 5.
The learned counsel for the petitioners in both these criminal petitions (A.1 to A.5) would contend that the petitioners/A.1 to A.5 are innocent persons and falsely'
I implicated in this case. A report was iodged with the police by the de-facto complainant with a delay of one year. There are no speciFic and grave allegations against the petitioners/accused Nos.1 to 5 and ultimately prayed to allow both the criminal petitions.
6.
On the other hand, the learned Additional Public Prosecutor opposed for grant of anticipatory bail to the petitioners/accused Nos.l to 5 contending that there are grave and speciFic allegations against the petitioners/accused Nos.1 to 5. 7.
The material placed on record reveals that the marriage between the daughter of the de-facto complainant and the petitioner in Criminal Petition No.10801 of 2018 (A.1) was performed on 20.10.2014 at Kadiri. Thereafter, the victimTasleem was mentally and physically tortured by the petitioners/A.1 to A.5. There are speciFic and grave allegations against the petitioner in Criminal Petition No.10801 of 2018 (A.1) with regard to demand of additional dowry. There is also specific allegation that on 03.09.2017 at 02:30 PlY, the victimTasleem was found hanging in the house of the petitioners/A.1 to A.5. Immediately she was shifted to Kadiri Government Hospital and from there, she was shifted to R.D.T.Hospital, Battalapalli, for better treatment. It is also alleged that without knowledge of the parents oF the victim, the victim was shifted to Bangalore. A report was lodged with the police by the father of the victim on 10.09.2018. Since there are specific and grave allegations against the petitioner in Criminal Petition 10801 of
2018 (A.1), this Court is not inclined to grant anticipatory bail to him under Section 438 of Cr.P.C. The veracity of the allegations against the petitioners in Criminal Petition No.10806 of 2018 (A.2 to A.5) are required to be established after due trial. In view of the nature of the allegations and the gravity of offences, this Court is inclined to grant anticipatory bail to the petitioners in Criminal Petition No,10806 of 2018 (A.2 to A.5) under Section 438 of Cr.P.C., on some conditions.
8.
In the result, Criminal Petition No.10801 of 2018 filed by' the petitioner/A.1 is dismissed. Criminal petition No.10806 of 2018 filed by the petitioners/A,2 to A.5 is allowed directing therrr to surrender before the Station House Officer, Kadiri Town Policer Station, Anantapuramu District, within a period of 15 days from the date of this order. On such surrender, the Station House Officer, Kadiri Town Police Station, Anantapuramu District, shall release the petitioners/accused Nos.2 to 5 on bail on each oF them executing personal bonds for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties in a like sum each to his/her satisfaction. After release on bail, the petitioners/A.;l to A.5 shall abide by the conditions stipulated in Section 438 (2) of the Code of Criminal Procedure, t973, and shall cooperate with the investigating officer in the investigation of the case. Pending Miscellaneous Petitions, if any, shall stand closed. SD/- li. TATARAO ASSIS'fAN'i.
//TRUE COPY'
for ASSISTANT
To 1.The Special Sessions Judge for trial of SCs & STs Cases-cum-Vlll Additional Sessions Judge, Anantappuramu.
2.The Station House Officer, Kadiri Police Station, District. 3.Two CCs to the Public Prosecuto(AP), High Court at Hyd.(OUT). 4.One CC to Sri N. Ranga Reddy, Advocate(OPuC) 5.One spare copy.
TKK t
HIGH COURT DR.SA.J DT.25-10-2018.
ANTICIPATORY BAIL ORDER CRLP.Nos. 10834& 10806 ot 2018 RELEASE TIJE PETITIONERS/ACCUSED 2 TO 5 IN CRL.P. NO. ,I0806 OF 2018 ON BAIL IN THE EVENT OF THEIR ARREST V