Golla Kavitha v. The State Of Telangana
HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH TUESDAY, THE TWENTIETH DAY OF NOVEMBER, TWO THOUSAND AND EIGHTEEN : PRESENT:
THE HONOURABLE DR JUSTICE SHAMEEM AKTHER CRLP.No. 12038of 2018 Between:- Golla Kavitha, W/o. Golla Shivudu Petitioners/Accused No.2.
AND The State of Telangana, Rep. its Public Prosecutor, High Court at Hyderabad, Through : SHO, Koheer P.S., Sangareddy District.
.....RespondenVComplainant.
Petition filed under Section 438 of Cr.P.C. praying that in the circumstances stated in the Grounds of Criminal Petition, the High Court may be pleased to enlarge the petitioner on bail on the event of her arrest in FIR No. 118 of 2018 dated 20-10-2018 on the file of Koheer Police Station, Sangareddy District. This petition coming on for hearing, upon perusing the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri D. Krishna Reddy, Advocate for the Petitioner and of Additional Public Prosecuto(TS) on behalf of Respondent-State, the Court made the following ORDER :-
, F a:j3. -+aiiire!!
THE HON'BLE DT. JUSTICE SHAMEEM AKTHER Criminal Petition No.12O38 of 2018
ORDER
This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by the petitioner/A.2, for grant of anticipatory bail in Crime No.11B of 2018 of Koheer Police Station, Sangareddy District, registered for the offences punishable under Section 376 of I.P,C, Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, Section 3(a) and 4 of the Protection of Children from Sexual Offences Act,2012.
2.
Heard the learned counsel for the petitioner/A.2, the learned Additional Public Prosecutor representing the respondent-State and perused the record.
3.
The learned counsel for the petitioner/A.2 would submit that the petitioner/A.2, being the mother of A.1 in this crime, is falsely implicated in this case. She did not abuse the daughter of the defacto complainant in any manner whatsoever and ultimately prayed to allow the application.
4.
On the other hand, the learned Additional Public Prosecutor opposed for grant of anticipatory bail to the petitioner/A.2. 5.
As per the record placed before this Court, there was a love affair between A.1 and the daughter of the de-facto complainant. It is alleged that A.1 developed sexual relation with the daughter of the de-facto complainant. As per the First Information Report
'w lodged with the police concerned, it is alleged that when the defacto complainant went to the house of A.1 and the petitioner/A.2 on 19.10.2018 and demanded the petitioner/A.2 to perform the marriage of her son (A.1) with her daughter, the petitioner/A.2 alleged to have said that the de-facto complainant belongs to lower caste and she belongs to upper caste. It is also alleged that the de-facto complainant was abused in the name of caste. Whether the de-facto complainant was abused in the name of caste is a matter oF investigation and trial. There are strained relations between the de-facto complainant and the petitioner/A.2. In view of the same, there is possibility of lodging a false report by the defacto complainant under Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment, Act, 2015, Moreover, the petitioner/A.2 is an aged woman. Under these circumstances, this Court is inclined to grant bail to the petitioner/A.2 under Section 438 of Cr.P.C. on some conditions. 6.
Accordingly, the petltioner/A.2 is directed to surrender before the Station House Officer, Koheer Police Station, Sangareddy District, within a period of 15 days from the date of this order. On such surrender, the said Station House Officer shall release the petitioner/A.2 on bail on her executing a personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties in a like sum each to his satisfaction. On such release, the petitioner/A.2 shall report before the said Station House Officer on every Sunday between 09:00 AM and 10:00 AM, till filing of the charge-sheet. The petitionet/A.2 shall also abide by the conditions stipulated in Section 438 (2) of the Code of Criminal Procedure,
J 1973, and shall cooperate with the investigating officer in the investigation of the case.
7.
The Criminal Petition is, accordingly, allowed. Miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed.
St't/- K..IAGAN l'1OIIAN Ali::i! STANl'Il[:,GIS R ,TRUE COPY'
for ASSISTANT REGISTRAR To 1.The Judicial First Class lvlagistrate, at Zaheerabad i.in" Sirtio" House Officer, koheer Police Station' Sangareddy District S.f*"
-CC" to the Public Prosecuto(Ts), High Court at Hyd (OUT)' a.One CC to Sri D. Krishna Reddy, Advocate(OPUC) 5.One spare coPY.
TKK
!ffi 8.fi I t.l HIGH COURT I DR.SA..I DT.20-11-2018.
ANTICIPATORY BAIL ORDER .'
I ? 3 nri:: ;]ir t CRLP .No. 12038 of 2018 RELEASE TI,IE PETITIONBRS/ACCUSED NO.2 ON BAIL IN TIIE EVENT OF HER ARREST