High Court for State of TelanganaCRLP/11306/2017allowed no costs

Rihana, Anantapuram Dist. v. The State Of A.P., Rep. By P.P.

2017-11-30Shameem Akther4 pages

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

THE HONOURABLE DR JUSTICE SHAMEEM AKTHER CRLP .No. 11306 of 2017 Between:- Rihana, W/o. Kolimi Sardar.

..... Petitioner/Accused No.2 AND The State of Andhra Pradesh, Through Kadiri Town Police Station, Ananthapuram District, rep. by its Public Prosecutor, High Court of Judicature at Hyderabad.

...Respondent.

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 grant anticipatory bail to the Petitioner/Accused No.2 and direct the SHO, Kadiri Town Police Station, to release the petitioner on bail in the event of her arrest in Crime No.261 of 2017 on the file of Kadiri Town Police Station, Ananthapuram District. The petition coming on for hearing, upon perusing the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri G. Eswaraiah, Advocate for the Petitioner and the Addl. Public Prosecutor(AP) for the Respondent-State, the Court made the following ORDER :- "This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by the petitioner/accused No.2, for grant of anticipatory bail in the event of her arrest in Crime No.261 of 2017 on the file of the Kadiri Town Police Station, Anantapuramu District, registered for the offences punishable under Sections 498-A, 109 read with 34 I.P.C. 2.

Heard the learned counsel for the petitioner/accused No.2, learned Additional Public Prosecutor representing the respondent-State and perused the record.

The deceased in this case is the second wife of accused No.1 and the petitioner/accused No.2 is the first wife of accused No.1. It is alleged that the petitioner/accused No.2, along with her brothers and husband, harassed the deceased and made her husband to beat the deceased. Due to the said acts, the deceased committed suicide by burning. It is brought to the notice of this Court that the petitioner/accused No.2 has got three children aged 7 years, 11 years and 4 years. Having regard to the nature of allegations leveled against the petitioner/accused No.2 and as the petitioner/accused No.2 is the first wife of accused No.1 and since accused No.1 was also arrested and remanded to judicial custody and was enlarged on bail and considering the totality of the circumstances, it cannot be said that the petitioner/accused No.2 would flee away from justice and cause hindrance in the investigation. Therefore, the petitioner/accused No.2 can be granted bail under Section 438 of Cr.P.C., on some conditions.

Contd.2...

Accordingly, the petitioner/accused No.2 is directed to surrender before the Station House Officer, Kadiri Town Police Station, Anantapuramu District, within a period of 15 days from the date of this order. On such surrender, the Station House Officer, Kadiri Town Police Station, Anantapuramu District, shall release the petitioner/accused No.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. After being released on bail, the petitioner/accused No.2 shall report before the Station House Officer, Kadiri Town Police Station, Anantapuramu District, on every Sunday between 08:00 AM and 09 :00 AM, till filing of the charge-sheet. The petitioner/accused No.2 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 Special Sessions Judge for trial of SCs & STs Cases-cum- VIII Additional Sessions Judge, Anantapuramu. 2.The Station House Officer, Kadiri Town Police Station, Ananthapuramu District. 3.Two CCs to Public Prosecutor(AP), High Court of Judicature at Hyderabad. (OUT) 4.One CC to Sri G. Eswaraiah Advocate(OPUC) 5.One spare copy.

TKK

HIGH COURT DR.SA.J DT.30-11-2017.

ANTICIPATORY BAIL ORDER CRL.P.No. 11306 of 2017 RELEASE THE PETITONER ON BAI L IN THE EVENT OF HER ARREST.

DRAFTED BY TKK DT.01-12-2017.

HIGH COURT DR.SA.J DT.30-11-2017.

ANTICIPATORY BAIL ORDER CRL.P.No. 11306 of 2017 RELEASE THE PETITIOENR ON BAIL IN THE EVENT OF HER ARRST.