The High Court granted anticipatory bail to the petitioner accused in a dowry harassment and suicide death case, directing her to surrender within 15 days on a personal bond of Rs. 25,000 with sureties.
Anticipatory bail granted; directed to surrender to SHO within 15 days on personal bond of Rs. 25,000 with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THURSDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY
IPRESENT:
THE HON'BLE JUSTICE G.SRI DEVI
CRIMINAL PETITION NO: 1304 OF 2020
Between:
Konduru Rajitha @ Konduru Rajini, Wo. Santosh,
Petitioner/Accused
AND
1't RespondenUstate
2nd Respondent/Complainant
Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the petition and the grounds hled herein, the High Court may be pleased to release the petitioner on bail in event of her arrest in Crime No.356 of 2019 on the file of III Town Police Station, Nizamabad, Nizamabad District.
Counsel for the Petitioner SRI A.PRABHAKAR RAO
Counsel for the Respondent ADDL. PUBLIC PROSECUTOR
The Court made the following;
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THE HONOURABLE JUSTICE G. SRI DEVI
CRIMINAL PETITION No.1304 of 2020
ORDER
This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by petitioner/A5, seeking to grant anticipatory bail to her in Crime No.356 o'f 2019 on the file of Nizamabad lll Town Police Station, Nizamabad District, registered for the offences under Section 304-8 IPC and under Section 3(2)(v) of SCs & Sfs (POA) Amendment Act, 2015
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prosecution and that she was living separately with her husband at Nirmal Town and she did not harass the deceased in any manner. He further submits that the petitioner/A5 was falsely implicated merely because she is sister of 41. He further submits that the petitioner/A5 is carrying six months pregnancy as per the report of Srinivasa Diagnostic Centre dated 09.10.2019 and she is under constant supervision of the doctor as her earlier pregnancy was aborted twice. He further submits that there are no specific allegations against petitioner/A5 attracting the offence under Section 304-8 lPC. He further submits that the petitioner is having fixed address and properties and she shall abide by any condition imposed by this Court
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within a period of 15 days from the date of this order. On such surrender, the said Station House Officer shall release the petitioner/A5 on bail on her executing a personal bond for a sum of Rs.25,0001 (Rupees twenty five thousand only) with two sureties for a like sum each to his satisfaction. Further, thepetitioner/A5 shall abide by the conditions stipulated in Section 438(2) Cr.P.C and cooperate with the investigating officer in investigating the case.
B. Miscellaneous applications, if any pending in this criminal petition, shall stand closed.
5DI-N. CHAN DRASEKHARA'iiAC} ^SSISTANT}1'EGIST
,TRUE COPY//
SECTIONOFFICER
To 1 . The I Addl.Judicial Magistrateof First Class' Nizamabad' 2. TheStation Ho,rseOfiicer,ili'"t"UtJ ffr To^wnPolice Station' NizamabadDistrict'
+. "r. CC.Sri A.PrabhakarRao,Advocate (OPUC) 5. oneSPare CoPY
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HIGH COURT
GSD.J
DATE: 05-2-2020
OIIDER
CRL.P. NO. 1304 0F 2020
PETITION ALLOWED
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2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in a case alleging instigation of dowry harassment and suicide.
Whether the petitioner's health condition and lack of specific allegations negate the need for bail.
2 provisions across 2 enactments
Konduru Rajitha @ Konduru Rajini
The State of Telangana
Chirala Sailu
G. SRI DEVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
