M. Shamaiah 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 CRLP .NO:11616 of 2017 Between:
M. Shamaiah S/o. Ramulu, Occ : Asst. Sub Inspector of Police, Hyderabad City, R/o. H.No. 1-1/158/B, Bapu Nagar, Langer House, Golconda, Hyderabad.
..... Petitioner/ Accused AND The State of Telangana Through SHO, Langer House Police Station, Hyderabad District, Rep. by its Public Prosecutor, High Court, Hyderabad.
.....Respondent/ Complainant Petition under Section 438 of Cr.P.C praying that the High Court may be pleased to enlarge the petitioner herein on bail in the event of his arrest in Connection with Cr.No. 335 of 2017 of Langer House Police Station, Hyderabad.
The petition coming on for hearing, upon perusing the Petition and the memorandam of grounds filed in support thereof and upon hearing the arguments of SRI DOKKA MOHAN RAO Advocate for the Petitioner and of Public Prosecutor (TG) for the Respondent and 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, for grant of anticipatory bail in the event of his arrest in Crime No.335 of 2017 on the file of the Langer House Police Station, Hyderabad District, registered for the offences punishable under Sections 493, 417, 420 of IPC.
2. Heard the learned counsel for the petitioner/ accused, learned Additional Public Prosecutor representing the respondent-State and perused the record.
3. The material on record reveals that the husband of the de facto complainant deserted her long back. The petitioner/ accused developed acquaintance with the de facto complainant eight years back while she was working as a Nurse in a private clinic. He developed physical relationship with her and continued the same on a promise to look after her and her son. Thereafter, the petitioner/ accused decline to live with the de facto complainant and offered Rs.3,00,000/ - to part his company. But, the de facto complainant did not agree for the same. The petitioner is not lifting the phone calls of the de facto complainant and about fifteen days back, the mother and children of the petitioner/ accused alleged to have beat the de facto complainant.
Even then, the petitioner/ accused kept quiet. Having regard to the nature of allegations levelled against the petitioner/ accused and the investigation conducted so far, the petitioner/ accused can be granted bail under Section 438 of Cr.P.C. on some conditions.
4. Accordingly, the petitioner/ accused is directed to surrender before the Station House Officer, Langer House Police Station, Hyderabad District, within a period of 15 days from the date of this order. On such surrender, the Station House Officer, Langer House Police Station, Hyderabad District, shall release the petitioner/ accused on bail on his 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 shall report before the Station House Officer, Langer House Police Station, Hyderabad City, on every Sunday between 08:00 AM and 09:00 AM, till filing of the charge-sheet. The petitioner/ accused 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 VI Addl Chief Metropolitan Magistrate at Nampally, Hyderabad.
2.
The SHO, Langer House Police Station, Hyderabad. 3.
One CC to SRI DOKKA MOHAN RAO, Advocate (OPUC). 4.
Two C.Cs. to Public Prosecutor, High Court of Judicature at Hyderabad (OUT).
5.
One Spare copy AGS
HIGH COURT Dr. SA J Dt: 04/12/2017 ORDER:
CRL.P. NO. 11616 of 2017 BAIL
Ags Dt: 06/12/2017.
HIGH COURT Dr. SA J Dt: 04/12/2017 ORDER:
CRL.P. NO. 11616 of 2017 BAIL