High Court for State of TelanganaCRLP/10768/2017allowed no costs

B. Venkateswaramma v. State Of Telangana

2017-11-14Shameem Akther4 pages

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH TUESDAY, THE FOURTEENTH DAY OF NOVEMBER, TWO THOUSAND AND SEVENTEEN : PRESENT :

THE HONOURABLE DR JUSTICE SHAMEEM AKTHER CRLP .No. 10768 of 2017 Between:- B. Venkaeswaramma, D/o. Subbarao.

..... Petitioner/A. 2 AND 1.State of Telangana, Rep. by its Public Prosecutor, High Court of Judicature at Hyderabad, For the State of Telangana And the State of Andhra Pradesh, Hyderabad.

2.Ch. Asha Jyothi, W/o. Jakati Prathap, Occ : Warden, O/o. JNTUHCEJ, Nachupalli, Karimnagar.

...Respondent/Complainant.

Petition filed under Section 438 of Cr.P.C. praying that in the circumstances stated in the petition and grounds thereof, the High Court may be pleased to enlarge the petitioner on bail in FIR No. 139 of 2017, dated 28.10.2017 of Kodimal Police Station, Jagitial, Karimnagar District The petition coming on for hearing, upon perusing the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri Solomon Raju Manchala, Advocate for the Petitioner and the Addl. Public Prosecutor(TS) for the Respondent-State, the Court made the following ORDER :- "This Criminal Petition, under Section 438 of Cr.P.C., is filed by the petitioner/accused No.2, seeking anticipatory bail in the event of her arrest in connection with Crime No.

139 of 2017, on the file of the Station House Officer, Kodimal Police Station, Jagitial - Karimnagar District, registered for the offence punishable under Section 306 r/w 34 IPC. Heard the learned Counsel for the petitioner, learned Additional Public Prosecutor appearing for the respondent- State and perused the record. The specific allegation against the petitioner/accused No.2 is that she along with accused No.1 made telephonic conversation with the deceased stating that herself and accused No.1 were in love and if the deceased commits suicide, both of them would marry and lead a happy life. On that, the deceased suffered mentally and on 28-10-2017 at 11.00 a.m., she returned from the college to her hostel room and committed suicide by hanging. The petitioner/accused No.2 is a 23-year old student of M.Tech.

Whether the alleged utterance made by her is sufficient to abet the commission of offence is required to be determined after due trial as per the procedure established. If the petitioner, who is a student, is arrested and remanded to judicial custody, her future will be ruined and she has to undergo trauma and agony. Having regard to the same, the petitioner can be granted anticipatory bail.

Contd..2..

- 2 - Accordingly, the petitioner/accused No.2 is directed to surrender before the Station House Officer, Kodimal Police Station, Jagitial - Karimnagar District, within 15 days from the date of this order and on such surrender, the said Station House Officer shall release her on bail, on her executing a personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties for a like sum each to his satisfaction. On release, the petitioner/accused No.2 is directed to attend before the said Station House Officer on every Second Saturday between 11:00 a.m., and 12:00 Noon, till filing of the charge sheet. Further, the petitioner/accused No.2 shall abide by the conditions mentioned under Section 438 (2) Cr.P.C. and co-operate with the Investigation Officers.

Accordingly, with the above directions, the Criminal Petition is allowed." ASSISTANT REGISTRAR //TRUE COPY// for ASSISTANT REGISTRAR To 1.The II Additional Judicial First Class Magistrate, Jagtial. 2.The Station House Officer, Kodimial Police Station, Jagtial District. 3.Two CCs to Public Prosecutor(TS), High Court of Judicature at Hyderabad. (OUT) 4.One CC to Sri Solomon Raju Manchala, Advocate(OPUC) 5.One spare copy.

TKK

HIGH COURT DR.SA.J DT.14-11-2017.

ANTICPIATORY BAIL ORDER CRL.P.No. 10768 of 2017 RELEASE THE PETITONER ON BAIL IN THE EVENT OF HIS ARREST.

DRAFTED BY TKK DT.15-11-2017.

HIGH COURT DR.SA.J DT.14-11-2017.

ANTICPIATORY BAIL ORDER CRL.P.No. 10768 of 2017 RELEASE THE PETITONER ON BAIL IN THE EVENT OF HIS ARREST.