Shivagoni Ramesh Goud v. The State Of Telangana

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH TUESDAY, THE SECOND DAY OF JANUARY, TWO THOUSAND AND EIGHTEEN : PRESENT:

THE HON'BLE DR JUSTICE SHAMEEM AKTHER CRIMINAL PETITION No. 12798 of 2017 Between:

1. Shivagoni Ramesh Goud, S/o. Mallesham Goud

2. Shivagoni Shashikala, W/o. S.Mallesham Goud

3. Shivagoni Mallesham Goud, S/o. Late S.Pentaiah Goud

4. Shivagoni Ravinder Goud, S/o. S.Mallesham Petitioners/Accused 1 to 4 AND The State of Telangana, through its Public Prosecutor, High Court at Hyderabad. Respondent/Complainant Petition under Sections 437 & 439 of Cr.P.C. praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to enlarge the Petitioners/Accused No. 1 to 4 on bail in Crime No. 723 of 2017 of Police Station Ramachandrapuram, Cyberabad.

The Petition coming on for hearing, upon perusing the petition and the grounds filed herein and upon hearing the arguments of Sri K.Giridhar Raju, Advocate for the Petitioners and of the Addl. Public Prosecutor (TG) for the Respondent, the Court made the following ORDER:

" This Criminal Petition, under Section 439 of the Code of Criminal Procedure, 1973, is filed by the petitioners/accused Nos.1 to 4, for grant of bail in Crime No.723 of 2017 on the file of the Ramachandrapuram Police Station, Cyberabad Commissionerate, registered for the offences punishable under Sections 304(B) and 498-A of I.P.C.

2.

Heard the learned counsel for the petitioners/accused Nos.1 to 4, learned Additional Public Prosecutor representing the respondent-State and perused the record.

3.

In the course of submissions made by both the learned counsel, it has come to the notice of this Court that the deceased Maheshwari, aged 26 years, was given in marriage to the petitioner/accused No1. Thereafter, the deceased was mentally and physically harassed on several occasions for additional dowry. Having vexed with their attitude, the deceased Maheshwari committed suicide on 21.10.2017. Thereafter, the petitioners/accused Nos.1 to 4 were arrested and remanded to judicial custody on 24.10.2017.

4.

There are specific and grave allegations against the petitioner/accused No.1, who is the husband of the deceased. As the investigation is in progress, there is possibility of the petitioner/accused No.1 hindering the investigation and winning over the witnesses. Therefore, it is not appropriate to enlarge the petitioner/accused No.1 on bail under Section 439 of Cr.P.C. As far as the petitioners/accused Nos.2 to 4 are concerned, in view of the gravity of the offence alleged against them, they can be enlarged on bail under Section 439 of Cr.P.C. on some conditions.

5.

Accordingly, the Criminal Petition, insofar as it relates to the petitioner/accused No.1, is dismissed. The petitioners/accused Nos.2 to 4 are ordered to be released on bail on their executing personal bonds for a sum of Rs.10,000/- (Rupees ten thousand only) each with two sureties in a like sum each to the satisfaction of the learned Additional Judicial Magistrate of First Class, Sangareddy. On such release, the petitioners/accused Nos.2 to 4 shall report before the Ramachandrapuram Police Station, Cyberabad Commissionerate, on every Sunday between 09:00 AM and 10:00 AM, till filing of the charge-sheet.

..2..

6.

The Criminal Petition is, accordingly, allowed in part. Miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed."

ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To

1. The Special Judge for trial of offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989-cum-V Additional Sessions Judge, Medak at Sangareddy.

2. The Additional Judicial First Class Magistrate at Sangareddy District.

3. The Superintendent, District Jail at Sangareddy.

4. The SHO, Ramachandrapuram Police Station, Cyberabad.

5. Two CCs to the Public Prosecutor (TG), High Court, Hyd(OUT)

6. One CC to Sri K.Giridhar Raju, Advocate(OPUC)

7. One spare copy.

SAH

HIGH COURT Dr.SAJ DATED: 02-01-2018

ORDER

CRL.P.NO. 12798 OF 2017 BAIL GRANTED

DRAFTED BY: SAH APPROVED BY:

DRAFTED ON: 03-01-2018 HIGH COURT Dr.SAJ DATED: 02-01-2018

ORDER

CRL.P.NO. 12798 OF 2017 BAIL GRANTED