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High Court for State of TelanganaCRLP/11889/2017allowed no costs

Mohammed Anirunnisa v. The State Of Andhra Pradesh

2017-12-11Shameem Akther4 pages

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH MONDAY, THE ELEVENTH DAY OF DECEMBER, TWO THOUSAND AND SEVENTEEN PRESENT THE HON'BLE DR JUSTICE SHAMEEM AKTHER CRL.P.No. 11889 of 2017 Between:

Mohammed Anirunnisa, W/o. Abdul Baari Petitioner/Accused No.3 AND The State of Andhra Pradesh, through S.H.O., II Town Police Station, Vijayawada, Krishna District, rep. by Public Prosecutor, High Court, Hyderabad. espondent/Complainant COUNSEL FOR THE PETITIONER: SRI. SYED GHOUSE BASHA COUNSEL FOR THE RESPONDENT : THE PUBLIC PROSECUTOR (AP) Petition under Section 438 of Cr.P.C., praying that in the circumstances stated in the memorandum of grounds filed herein, the High Court may be pleased to enlarge the petitioner herein on bail in the event of her arrest in connection with Cr.No.475 of 2017 of II Town Police Station, Vijayawada City, Krishna District. The Court made the following Order:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by the petitioner-A3, for grant of anticipatory bail in the event of her arrest in Crime No.475 of 2017 on the file of II Town Police Station, Vijayawada, Krishna District, registered for the offences punishable under Sections 498-A and 306 of I.P.C.

2.

Heard the learned counsel for the petitioner-A3, learned Additional Public Prosecutor representing the respondent-State and perused the record. 3.

Learned counsel for the petitioner-A3 would submit that the petitioner is the mother-in-law of the deceased-Razia and she was falsely implicated in this case. She has no direct connection with the alleged suicide committed by the deceased and ultimately, prayed to allow the application. 4.

On the other hand, learned Additional Public Prosecutor opposed the grant of bail to the petitioner-A3.

5.

The material placed on record reveals that the daughter of the de facto complainant was given in marriage to A1. The marriage was celebrated on 11.06.2012 as per Muslim Personal Law. The deceased begot two children. The husband of the deceased alleged to have harassed the deceased stating that she developed illegal intimacy with his brother A2-Farhat and used to beat her. It is alleged that the petitioner-A3 harassed the deceased and consequently, the deceased committed suicide on 27.11.2016 at her in-laws house. The specific allegation against the petitioner-A3 is that she along with other accused harassed the deceased. The petitioner-A3 is 60 years old women and suffering from health problems.

6.

Having regard to the nature of allegations, the petitioner-A3 can be granted bail under Section 438 Cr.P.C.

7.

Accordingly, the petitioner-A3 is directed to surrender before the Station House Officer, II Town Police Station, Vijayawada, Krishna District, within a period of 15 days from the date of this order. On such surrender, the Station House Officer, II Town Police Station, Vijayawada, Krishna District, shall release the petitioner-A3 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-A3 shall report before the Station House Officer, II Town Police Station, Vijayawada, Krishna District, on every Sunday between 09:00 AM and 10:00 AM, till filing of the charge-sheet. The petitioner-A3 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. 7.

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 Station House Officer, II Town Police Station Vijayawada, Krishna District

2. Two CCs to Public Prosecutor (AP), High Court, Hyderabad (OUT)

3. One CC to Sri. Syed Ghouse Basha, Advocate (OPUC)

4. One Spare copy KK

HIGH COURT Dr.SAJ DT. 11-12-2017 BAIL ORDER CRL.P.NO. 11889 OF 2017 DIRECTION

Drafted by: KK Drafted on: 12-12-2017 HIGH COURT Dr.SAJ DT. 11-12-2017 BAIL ORDER CRL.P.NO. 11889 OF 2017 DIRECTION