Kallagadda Indira v. The State Of Telangana

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH MONDAY, THE FOURTH DAY OF DECEMBER, TWO THOUSAND AND SEVENTEEN PRESENT THE HON'BLE DR JUSTICE SHAMEEM AKTHER CRL.P.No. 11598 of 2017 Between:

Kallagadda Indira, W/o. Kishore Kumar Petitioner/Accused No.2 AND The State of Telangana, rep. by its Public Prosecutor, High Court at Hyderabad, Hyderabad. Respondent/Complainant COUNSEL FOR THE PETITIONER: SRI. J. RAMAMOHANA RAO COUNSEL FOR THE RESPONDENT : THE PUBLIC PROSECUTOR (TG) 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 petitioners on bail in the event her arrest in connection with FIR No.126/2017 on the file of Zafargadh Police Station alleged to have been committed offenses punishable under Sections 420, 406, 408, 409, 212, 414, r/w 109 IPC.

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.126 of 2016 on the file of the Zaffergadh Police Station, Warangal District, registered for the offences punishable under Sections 420, 406, 408, 409, 212, 414 read with 109 of 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.

3.

The material on record reveals that the accused No.1 is the husband of the petitioner/accused No.2. It is alleged that accused No.1 misappropriated an amount of Rs.6,00,000/- belonging to the de facto complainant Bank and a part of the said amount was alleged to have been utilised by accused No.1 and the petitioner/accused No.2. It is also alleged that the accused No.1 brought an amount of Rs.6,00,000/- from the Bank and gave Rs.2,00,000/- to the petitioner/accused No.2 and she did not inform the same to anyone and she also did not disclose the whereabouts of accused No.1. Having regard to the nature of allegations levelled against the petitioner/accused No.2, this Court is inclined to grant bail to the petitioner/accused No.2 under Section 438 of Cr.P.C. on some conditions.

4.

Accordingly, the petitioner/accused No.2 is directed to surrender before the Station House Officer, Zaffergadh Police Station, Warangal District, within a period of 15 days from the date of this order. On such surrender, the Station House Officer, Zaffergadh Police Station, Warangal 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, Zaffergadh Police Station, Warangal 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 under Section 438 (2) of the Code of Criminal Procedure, 1973, and shall cooperate with the investigation officer.

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 III Additional Judicial First Class Magistrate, at Warangal.

2. The Station House Officer, Zaffergadh Police Station, Warangal.

3. Two CCs to Public Prosecutor (TG), High Court, Hyderabad (OUT)

4. One CC to Sri. J. Ramamohana Rao, Advocate (OPUC)

5. One Spare copy KK

HIGH COURT Dr.SAJ DT. 4-12-2017 BAIL ORDER CRL.P.NO. 11598 OF 2017 DIRECTION

Drafted by: KK Drafted on: 6-12-2017 HIGH COURT Dr.SAJ DT. 4-12-2017 BAIL ORDER CRL.P.NO. 11598 OF 2017 DIRECTION