Yarapati David Raj v. The State Of Telangana
HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH MONDAY, THE ELEVENTH DAY OF DECEMBER, TWO THOUSAND AND SEVENTEEN :PRESENT:
THE HON'BLE DR JUSTICE SHAMEEM AKTHER CRLP .NO:11470 of 2017 Between:
1. Yarapati David Raj, S/o Kantaiah,
2. Konga Sujatha, W/o Suresh Kumar, ..... Petitioners/Accused Nos 2 & 3 AND The State of Telangana Represented by Public Prosecutor High Court of Judicature at Hyderabad, at Hyderabad. .....Respondent/Complainant Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the memo of grounds filed herein, the High Court may be pleased to enlarge petitioner on bail in FIR No. 184 of 2017, dated 03-07-2017 of Police Hanamkonda, Warangal District.
The petition coming on for hearing, upon perusing the Petition and the memorandam of grounds filed in support thereof and the order of the High Court order dated 11/12/2017 made herein and upon hearing the arguments of SRI M A K MUKHEED Advocate for the Petitioner(s) and the Court made the following.
ORDER:
This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by the petitioners-A2 & A3, for grant of anticipatory bail in the event of their arrest in FIR No.184 of 2017 dated 03.07.2017 on the file of the Police Station, Hanamkonda, Warangal District, registered for the offence punishable under Section 304-B of I.P.C. 2 . Heard the learned counsel for the petitioners-A2 & A3, learned Additional Public Prosecutor representing the respondent-State and perused the record.
3 . The learned counsel for the petitioners would submit that the petitioners are residing separately from A1. He further submits that the wife of A1 committed suicide at her parents' house, but in any way these petitioners are not responsible for
the alleged death and ultimately prayed the Court to allow the present petition.
4 . On the other hand, the learned Additional Public Prosecutor opposed the grant of anticipatory bail to the petitioners. 5 . During the course of submissions it is brought to the notice of this Court that the petitioners filed the anticipatory bail application before this Court in Crl.P.No.8831 of 2017 and on 22.09.2017 the same was dismissed as withdrawn with a liberty to avail remedies under law. As per the material on record, the wife of A1 committed suicide at her parents' house. The petitioners are residing at different town and they have their family, and the petitioner/ A3 is a women.
6 . Having regard to the nature of accusations levelled against the petitioners, they can be granted bail under Section 438 of Cr.P.C. on some conditions.
7 . Accordingly, the petitioners-A2 & A3 are directed to surrender before the Station House Officer, Hanamkonda Police Station, Warangal District, within a period of 15 days from the date of this order. On such surrender, the said Station House Officer shall release the petitioners-A2 & A3 on bail on their executing a personal bond each for a sum of Rs.10,000/ - (Rupees ten thousand only) with two sureties in a like sum each to their satisfaction. After being released on bail, the petitioners-A2 & A3 shall report before the said Station House Officer on every Sunday between 8.00 AM and 9.00 AM till filing of the charge sheet. The petitioners-A2 & A3 shall also abide
by the conditions stipulated in Section 438 (2) of the Code of Criminal Procedure, 1973, and shall cooperate with the investigation officer in the investigation of the case. 8 . The Criminal Petition is, accordingly, allowed. Miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed.
ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To
1. The Spl. Sessions Judge for SC/ST (POA) Cases cum VII Addl. Sessions Judge, Warangal
2. The Station House Officer, Hanamkonda Police Station, Warangal District
3. Two CCs to Public Prosecutor (TG), High Court, Hyderabad (OUT)
4. One CC to Sri M.A.K. Mukheed, Advocate (OPUC)
5. One spare copy Skm
HIGH COURT DR. SA,J Drafted by: skm Drafted on: 12-12-2017 DATE: 11-12-2017
ORDER
CRL.P. No. 11470 of 2017 DIRECTION