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High Court for State of TelanganaCRLP/11918/2018dismissed no costs

Smt. Zakiya Fatima v. The State Of Telangana

2018-11-16Shameem Akther2 pages

THE HON'BLE DR.JUSTICE SHAMEEM AKTHER CRIMINAL PETITION No.11918 OF 2018 ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by the petitioner/A.3, for grant of bail in Crime No.583 of 2018 of Jubilee Hills Police Station, Hyderabad, registered for the offences punishable under Sections 302 and 498-A read with 109 of IPC and 3, 4 and 6 of Dowry Prohibition Act, 1961.

2.

Heard the learned counsel for the petitioner/A.3 and the learned Additional Public Prosecutor representing the respondentState and perused the record. 3.

Learned counsel for the petitioner/A.3 would submit that the petitioner is an innocent person and falsely implicated in this case. The petitioner has nothing to do with the death of her daughter-in-law. The petitioner has to attend her daughter's delivery and ultimately, prayed to allow the petition. 4.

Learned Additional Public Prosecutor opposed the grant of bail to the petitioner/A.3.

5.

The material placed on record would reveal that A.1 had caused the death of his wife-Aseema Begum, when she was in her parent's house on 16.09.2018. There are specific allegations against the petitioner/A.3, who is the mother-in-law of the deceased, that she subjected the deceased to mental and physical torture and also harassed her for additional dowry. The alleged offences are serious in nature. The gravity of offence is also high. The investigation is in progress. The release of petitioner under Section 438 Cr.P.C. would hinder the investigation. It can safely be concluded that the petitioner would influence the witnesses and also there is every

possibility of threatening them. Under these circumstances, it is not a fit case to allow the petition under Section 438 Cr.P.C. 6.

In the result, the Criminal Petition is dismissed. ____________________________ DR. SHAMEEM AKTHER, J Date: 16.11.2018 ssp