Sakkani Gouramma v. The State Of Telangana
HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH TUESDAY, THE TWENTY EIGHTH DAY OF NOVEMBER, TWO THOUSAND AND SEVENTEEN PRESENT THE HON'BLE DR JUSTICE SHAMEEM AKTHER CRL.P.No. 11399 of 2017 Between:
Sakkani Gouramma, W/o. Narayana Petitioner/Accused No.5 AND The State of Telangana, rep. by Public Prosecutor, High Court at Hyderabad, through P.S. Shad Nagar.
Respondent/Complainant COUNSEL FOR THE PETITIONER: M/S. T.V.V. NISSI KUMARI COUNSEL FOR THE RESPONDENT: THE PUBLIC PROSECUTOR (TG) Petition under Section 438 of Cr.P.C., praying that in the circumstances stated in the memorandum of grounds filed herein, the High Court may be pleased to direct the Station House Officer, P.S., Shadnagar, Rangareddy District (earlier it was Mahboobnagar District) to release the petitioner/accused No.5 on bail in the event of her arrest in connection with Crime No. 569/2017 of the P.S. Shadnagar, Rangareddy District. The Court made the following Order:
This petition is filed under Section 438 Cr.P.C. to grant anticipatory bail to the petitioner-A5 for the offences alleged under Sections 366, 376 (2) (n) r/w 109 IPC and Section 5 r/w 6 and 17 of Protection of Children from Sexual Offences Act, 2012.
2.
Heard learned counsel for the petitioner-A5, learned Additional Public Prosecutor representing the State and perused the record. 3.
As per the material placed on record, the petitioner-A5 gave shelter to the victim as well as A1 and assured the marriage between them. On 19.10.2017, the husband of the petitioner-A5 did not agree for the marriage between A1 and the victim. The victim is 17 years old in this case. On information to the police, A1 was taken to Police Station. Thereafter, this case is registered and it is under investigation.
4.
The specific allegation against the petitioner-A5 is that she assured the marriage between the victim and A1. The petitioner-A5 is a woman.
5.
Having regard to the nature of allegations levelled against the petitioner-A5, she can be granted bail under Section 438 Cr.P.C. 6.
In the result, the Criminal Petition is allowed directing the petitioner-A5 to surrender before the Station House Officer, Shadnagar Police Station, Ranga Reddy District, within 15 days from the date of this order. On such surrender, the said S.H.O. shall release the petitioner-A5 on bail, on petitioner-A5 executing a personal bond for Rs.10,000/- (Rupees ten thousand only) with two sureties each in a like sum to his satisfaction. On release, the petitioner-A5 shall abide by the conditions mentioned under Section 438 (2) Cr.P.C. The petitioner-A5 shall attend before the S.H.O. concerned, on every Saturday and Sunday between 10.00 A.M. and 11.00 A.M. till filing of charge sheet.
ASSISTANT REGISTRAR //TRUE COPY// for ASSISTANT REGISTRAR To
1. The I Additional Sessions Judge, Mahabubnagar
2. The Judicial First Class Magistrate at Shadnagar, Ranga Reddy District.
3. The Station House Officer, Shadnagar Police Station, Ranga Reddy District
4. Two CCs to Public Prosecutor (TG), High Court, Hyderabad (OUT)
5. One CC to M/s. T.V.V. Nissi Kumari, Advocate (OPUC)
6. One Spare copy KK
HIGH COURT Dr.SAJ DT. 28-11-2017 BAIL ORDER CRL.P.NO. 11399 OF 2017 DIRECTION
Drafted by: KK Drafted on: 29-11-2017 HIGH COURT Dr.SAJ DT. 28-11-2017 BAIL ORDER CRL.P.NO. 11399 OF 2017 DIRECTION