Gadde Samatha , Samatha Satyanarayana Gade v. The State Of Telangana
HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH TUESDAY, THE EIGHTEENTH DAY OF DECEMBER, TWO THOUSAND AND EIGHTEEN : PRESENT:
THE HONOURABLE DR JUSTICE SHAMEEM AKTHER CRL.P.No. 13239 of 2018 Between:- '1.Gadde Samatha @ Samatha Satyanarayana Gadde, W/o. Sathyanarayana Gadde.
2.Gundlapally @ Gullapelli Swapna, D/o. Late Ramachandram Petitioners/Accused Nos. 5 & 7 AND The State of Telangana, Repersented by its Public Prosecutor, P.S. Sulthanabad, High Court at Hyderabad.
.....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 grant Anticipatory Bail to the Petitioners by directing their release in the event of their arrest in Crime No. 258 ol 2018 of P.S. Sulthanabad. This petition coming on for hearing, upon perusing the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri K. Surender, Advocate for the Petitioners and of Additional Public Prosecuto(TS) on behalf of 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 petitioners/A.s and A.7, for grant of bail in Crime No.258 of 2018 of Sulthanabad Police Station, Peddapalli District, registered for the offences punishable under Sections 498-A, 304-8 read with 34 of IPC and Section 4 of Dowry Prohibition Act, 1961. 2.
Heard the learned counsel for the petitioners/A.S and A.7 and the learned Additional Public Prosecutor representing the respondent-State and perused the record.
3.
During the course of submissions, it is brought to the notice of this Court that A.6 in this Crime was granted bail by this Court, vide order, dated 27.11.2018, passed in Crl.P.No.12404 of 2018. The specific allegation against the petitioner/A.s is that she demanded additional dowry. The allegation against the petitioner/A.7 is that she has illegal intimacy with A.1. The prosecution case is that when A.1 demanded an additional dowry of Rs.5.00 lakhs to take back his wife-Shravani, to his company, on telephone and when the said conversation was going on in between the de facto complainant and A.1, Shravani heard the same and committed suicide immediately on the same day. The truth or otherwisd of the allegations made against the petitioners/A.S and A.7 are required to be determined in the course of investigation of after due trial. Under these circumstances, the petitioners/A.s and A.7 can be granted bail under Section 438 Cr.P.C. on some conditions.
Contd..2
t 4.
The petitioners/A.5 and A.7 are directed to surrender before the Station House Officer, Sulthanabad Police Station, Peddapalli District within 15 days from the date of this order. On such surrender, the said Station House Officer shall release the petitioners/A.s and A.7 on bail, on each of them 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 petitioners/A.S and A.7 shall report before the said Station House Officer, on every Sunday between 09:00 and 10:00 A.M., till filing of the charge sheet. The petitioners/A.5 and A.7 shall also abide by the conditions stipulated in Section 438(2) Cr.P.C., and shall cooperate with the investigation officer in investigation of the case.
5.
The Criminal Petition is accordingly, allowed. Miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed."
Sd/- B.NARASINGA RAO ASSISTANT REGISTRAI].
//TRUE COPY// I for ASSISTAN GISTRAR To 1.The lll Additional Sessions Judge, Karimnagar. 2.The Judicial First Class t\,4agistrate, Sulthanabad, Peddapalli District. 3.The Station House Officer, Sulthanabad Police Station, Peddapalli District. 4.Two CCs to the Public Prosecuto(Ts), High Court at Hyd.(OUT). S.One CC to Sri K. Surender, Advocate(OPUC) 6.One spare copy.
TKK I I
H]GH COURT DR.SA.J DT.1B-12-2018.
or.iu0rc4 :
ANTICIPATORY BAIL ORDER <l ,.?
.1 CRLP .No. 13239 of 2018 RELEASE THE PETITIONERS/ACCUSED NOS. 5 & 7 ON BAIL IN THE EVENT OF THIER ARREST