Allowed

Sambaraju Andamma , Andalu v. The State of Telangana

Telangana HC15 Apr 2021CRLP/2658/2021

Case brief

AI extract

What is this about?

The High Court of Telangana granted bail to the petitioner, accused No. 5, involved in a case under IPC 120-B, 313 R/W 34 and PCPNDT Act offences. The court held that since most investigation was complete and the petitioner was a first-time offender, bail should be granted subject to strict conditions.

What did the court decide?

Petitioner released on bail by executing a personal bond of Rs. 25,000 with two sureties for equal amounts, subject to appearing for monthly inquiries, personal court appearances, and complying with b

Sambaraju Andamma , Andalu Vs The State of… — Criminal Trial and Appeal | Telangana HC (2021)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND TWENry ONE

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:PRESENT:

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THE HONOUR,ABLE JUSTICE G SRI DEVI ,-'

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CRL.P. NO: 2658 OF 2OZL /,,

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Between:

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Sambaraju Andamma @ Andalu, Wo. Late Janardhan,

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Petitioner/Accused No. 5

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AND

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The State ofTelangana, Rep, by its Public Prosecutor, High Court at Hyderabad.

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..... Respondent/ Complainant

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Petition under Sections 437 & 439 of Cr.P.C. praying that in the circumstances stated in the petltlon filed herein, the High Court may be pleased to enlarge the Petitioner/Accused No.5 herein on bail in Crime No,04l2021 of PS Chityal, Nalgonda District, for the alleged offence Under Sec.120(b), 313 R/W 34 of IPC and Section 23, 23(3) R/W 24 of Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 and Section 15(2) (b) of Indian Medical Council Act,1956.

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The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri V Raghunath, Advocate for the Petitioner, and of Assistant Public Prosecutor for the respondent, the Court made the following.

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ORDER

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THE HONOURABLE^{JUSTICE G. SRI DEVI} cRt INAL ETITION No.^{2658 ol 2021}

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ORDER

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This Criminal^{Petition, underSection 437 and 438 of the Codeof} Criminal Procedure,^{1973, is filed by the petitioner/As seeking to ';rant bail} toherinCr.No.4ol2O2lonthefileofChityalPoliceStation,l"Jalgonda District, registered^{for the offences punishable under Sections1 i10-8, 313} read with Section 34^IPC and^{under Sections 23,23(3) read with} Section 24 ol Pre-Conception^{and Pre-Natal DiagnosticTe'chniques} (Prohibition of Sex Selection) Act, 1994^{and Section 15(2Xb) of lndian} Medical Council Act, 1956.

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Heard learned counsel for the^{petitioner/A5, learnedAssistant} Public Prosecutor appearing for the respondent-State^{and perusedthe} record.

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Learned counsel for the^{petitioner/As} submits that the^petitioner has not committed any offence as alleged by the^prosecution anl she has been implicated in this case based on the confession of other acr:used.^He further submits that the^petitioner is a Supervisor in Medical ard Health Department and she has nothing to do with any hospital or clinir: at Cityal as alleged by the police. He further submits that the entire in!estigation is completed, except flling of the charge sheet. He also submits that the petitioner is a law abiding citlzen and she has not involved in ary criminal cases earlier to this crime and she is ready to abide by any condition that may be imposed by this Court in the event of her enlargement on anticipatory bail.

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Learned Assistant Public Prosecutor vehemently opposed to grant bail to the petitioner.

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Having regard to the facts and circumstances of the cas,e and the fact that most part of the investigation is completed and the statements of

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t I

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severar witnesses have arready been recorded by the porice, l am incrined

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to grant bail to the petitioner/A5.

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The Criminal Petition is accordingly allowed and the petitioner/ AS shall be released on bail on the following terms and conditions: (i) The petitioner/A5 shall be released on bail on her executing a personal bond to the tune of Rs.25,000/- (Rupees twenty five thousand only) with two sureties for a like sum each to the satisfaction of the Judicial First Class Magistrate, Ramannapeta, Nalgonda District. (ii) On such release, the petitioner/A5 shall appear before the lnvestigating Officer on 3'd Saturday of every month between 10.00 AM and 5.00 PM., till completion of investigation and submission of final report, whichever is earlier. (iii) the petitioner/As shall appear before the Court concerned personally on each date of hearing till conclusion of trial. (iv) the petitioner/A5 shall not indulge in similar type of activities, in future; lf she is indulged in similar type of activities in future, liberty granted to her shall stand cancelled automatically and she would be taken into custody forthwith. (v) the petitioner/As shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the investigating authority. (vi) the petitioner/A5 shall not act in any manner which will be prejudicial to fair and expeditious investigation and shall cooperate with the investigating agency. (vii) the petitioner/A5 shall not misuse the liberty granted to her.

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