Sripathi Vijaya And Another v. The State Of Ts., Rep. By P.P.
HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH MONDAY, THE TWENTY SEVENTH DAY OF NOVEMBER TWO THOUSAND AND SEVENTEEN :PRESENT:
THE HON'BLE DR. JUSTICE SHAMEEM AKTHER CRL. P. NO:11321 of 2017 Between:
1 Sripathi Vijaya W/o. Sripathi Srinivas, Occ: Housewife, 2 Sripathi Srinivas S/o. Sripathi Mallaiah, Occ: Business, Both are R/o. H.No.7-3-72, Hanumakonda, Warangal District. ..... Petitioners/Accused Nos. 2 & 3 AND The State of Telangana, rep. by Public Prosecutor, High Court at Hyderabad (Through SHO Subedari P.S. Warangal District.) .....Respondent Petition under Section 438 of Cr.P.C., praying that in the circumstances stated in the petition and the grounds filed herein, the High Court may be pleased to order to enlarge the petitioners/Accused Nos. 2 and 3 on bail in the event of their arrest in connection with Crime No. 405 of 2017 of Subedari P.S., Warangal District during the pendency of inquiry and trial;
Counsel for the Petitioners :
SRI S.M. RAFEE Counsel for the Respondent :
ADDL. PUBLIC PROSECUTOR (TS) The Court made the following ORDER:
"This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by the petitioners/accused Nos.2 and 3, for grant of anticipatory bail in the event of their arrest in Crime No.405 of 2017 on the file of the Subedari Police Station, Warangal Commissionerate, registered for the offences punishable under Sections 498-A, 304-B read with 34 of I.P.C. and Sections 3 and 4 of the Dowry Prohibition Act.
2.
Heard the learned counsel for the petitioners/accused Nos.2 and 3, learned Additional Public Prosecutor representing the respondent-State and perused the record.
3.
As per the material on record, the deceased was given in marriage to the accused No.1 on 04.11.2016. It is alleged that an amount of Rs.20,00,000/- in cash and other valuables were given at the time of marriage. Thereafter, the deceased had been
living with her husband at London from 05.05.2017 till the date of her death, which took place on 04.10.2017 at 10:00 PM. It is alleged that the petitioners/accused Nos.2 and 3 and others have demanded an amount of Rs.5,00,000/- towards additional dowry. The same was informed by the deceased to the de-facto complainant by phone. As seen from the material record, the petitioners/accused Nos.2 and 3 are residing at Hanmakonda, Warangal District, and they were not residing with the deceased as on the date of her death. Having regard to the nature of allegations levelled against the petitioners/accused Nos.2 and 3 and the material collected so far, this Court is inclined to grant bail to the petitioners/accused Nos.2 and 3 under Section 438 of Cr.P.C.
4.
Accordingly, the petitioners/accused Nos.2 and 3 are directed to surrender before the Station House Officer, Subedari Police Station, Warangal Commissionerate, within a period of 15 days from the date of this order. On such surrender, the Station House Officer, Subedari Police Station, Warangal Commissionerate, shall release the petitioners/accused Nos.2 and 3 on bail on their executing personal bonds for a sum of Rs.10,000/- (Rupees ten thousand only) each with two sureties in a like sum each to his satisfaction. After being released on bail, the petitioners/accused Nos.2 and 3 shall report before the Station House Officer, Subedari Police Station, Warangal Commissionerate, on every Sunday between 08:00 AM and 09:00 AM, till filing of the charge-sheet. The petitioners/accused Nos.2 and 3 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.
5. 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 VII Additional Sessions Judge, Warangal.
2. The I Addl. Judicial First Class Magistrate, Warangal.
3. The Station House Officer, Subedari Police Station, Warangal District.
4. Two CCs to Public Prosecutor, (TS), High Court of Judicature, at Hyderabad (OUT)
5. one CC to Sri S.M. Rafee, Advocate (OPUC)
6. one Spare Copy
HIGH COURT AB DRAFTED ON 28-11-2017 DR.SA,J DATE: 27-11-2017
ORDER
CRL.P. NO. 11321 OF 2017 DIRECTION