Partly allowed

Bandi Kondaiah v. The State of Telangana

Telangana HC15 Feb 2021CRLP/282/2021

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail in part to one petitioner who faced no direct allegations, rejecting the prayer for others. The court held that allegations of ongoing cruelty and failure to respond indicated suicide likely prompted by harassment, warranting denial for some accused.

What did the court decide?

Bail granted to Petitioner No.3/A4 upon surrender within 15 days, personal bond and two sureties for Rs. 25,000 each, periodic appearance to IO. Petition dismissed against Petitioners No.1, 2, and 4.

Bandi Kondaiah Vs The State of Telangana — Dowry and Cruelty | Telangana HC (2021)

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IN THE HICH COTIRT FOR THIi SI'ATE o['TEI,AN(;ANA AT I{YI)EI{ABAT)

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MONDAY. THE FIFTEENTH DAY OF I-EBRUARY TWO THOUSAND AND TWENTY ONE

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:PRESENT:

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THE HON'BLE JUSTICE G.SRI DEVI

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CRIMINAL PETITION NO: 282 OF 2021

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Between:

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l. Bandi Kondaiah. S/o. Bandi Venkateshwara Rao.

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Bandi Dhanalakshmi. Wo. Bandi Kondaiah.

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Bandi Manikantha S/o. Bandi Kondaiah.

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Petitioners/Accused Nos.2 to 4

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,{NT)

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The State ofTelangana, rep. by the Public Prosecutor, High Court at Hyderabad.

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Respondent,Complainant

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Petirion under Section 438 of Cr.P.C. praying that in the circunrstances stated in the petition and the grounds filed therein, the High Court may be pleased to release the petitioners on bail in the cvent of their arrest in Crime No. 1240 of 2020 ol PS Miyapur, Cyberabad. Ranga Reddy Distlict, on such terms and conditions as the Hon'ble Court may deem fit in the^interest of justice;

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The petition coming on for hearing, upon perusing the Petition and the^grounds filed therein, and upon hearing the arguments of Sri P.Animi Reddy,^{Advocate for the Petitioners,and} ofthe Asst. Public Prosecutor, for the Respondent, the Court made^the following.

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THE HONOURABLE JUSTICE G, SRI^DEVI

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CRIM INAL PETITION No.282 ot^2O21

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ORDER:

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This Criminal Petition, under Section 438 of the^{Code of} Criminal Procedure, 1973, is filed by^{petitioners/A2} to^{44, seekingto} grant anticipatory bail to them in Crime No.1240 of 2O2O on the file of Miyapur Policr> Station, Cyberabad Commissionerate, Ranga Reddy District, registered for the offences^punishable under Sections 304-8, 498-4, 323 IPC and under Sections 3 and 4 of Dowry Prohibition Act.

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Heard learned counsel for the^{petitioners/A2} to 44, learned Assistant Public F'rosecutor representing the respondent-State and perused the record. 3. Learned counsel for the petitioners/A2 to A4 submits that the petitioners are no way concerned as to the death of the deceased Bandi Naga Sai Mani Deepika AS they never demanded the deceased for adcitional dowry or for disposal of her property and they never harass;ed the deceased at any point of time. He further submits that the deceased has committed suicide by hanging herself without any sufficisnt reason. He further submits that even as per the remand report of 41, there are no specific allegations against the petitioners and thilt the entire investigation is completed excerpt filing of the charge sh,-,et. He also submits that the petitioners are law abiding citizens and they shall cooperate with the investigation and they shall abide by any condition imposed by this Court

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Learned As;sistant Public Prosecutor vehemently opposed to grant anticipatory bail to the petitioners.

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As seen from the contents of FlR, it reveals that on the date of alleged oocurrenoe i.e., on 29.11 .2020, the de-facto complainant has received a phone call from his granddaughter that her father was assaulting her mother every day and later, the deceased also informed him that her husband i.e., 41 , was beating her every day and that when the de-facto complainant asked, 41 abused him in filthy language and disconnected the call. Thereafter, when he made a phone call to petitioner Nos.1 and 2lA2 and A3, they did not respond, which shows that the deceased was subjected to cruelty soon before her death. Thus, looking into the nature of allegations made against petitioner Nos.1 and 2lA2 and A3, I am not inclined to grant anticipatory bail to them and their prayer for anticipatory bail is rejected.

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lnsofar as petitioner No.3/A4 is concerned, even according to the contents of the complaint, no role whatsoever has been attributed against him. Thus, looking into the nature of allegations leveled against petitioner No.3/A4, I am inclined to grant anticipatory bail to him with certain conditions.

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Accordingly, the Criminal Petition is partly allowed and petitioner No.3/A4 is directed to surrender before the Station House Officer, Miyapur Police Station, Cyberabad Commissionerate, within a period of 15 days from the date of this order. On such surrender, the said Station House Officer shall release^petitioner No.3/A4 on bail on his executing a personal bond for a sum of Rs.25,0001 (Rupees twenty five thousand only) with two sureties for a like sum to his satisfaction. On such release,^petitioner No.3/A4 shall appear

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before the lnvestigating Officer on every Saturday between 10.00 AM anc 2.00 PM., till completion of investigation or filing of the charge sheet, whichever is earlier and he shall abide by the conditions stipulated in Section 438(2) Cr.P.C and co-operate with the investigatirrg officer in investigating the case

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The Crirninal Petition is dismissed against the petitioner Nos.1 and2lA2 and,A3. 9. Miscellaneous applications, if any pending in this criminal petition, shall stand closed.

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//TRUE COPY'

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SDi. M. RJ\MAi.TA I(RISHT{A ASSI STAI.'IT REG iSTRAf( SE OFFICI.]R^I

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To, 2I The -fhe XV principal^Addl. Ju^{Vtetropolitan} rior civil rrae..^.r,"^{SessionsJudge'} v l iddt.-vetropotitan^{Ranga-Reddy.District" Magistrate. KukatpalN'. Kukatpall)' --} 3. Cvberabad.;i;;;" House offlcer'^{MiyapurPoliceStation'Cyberabad/} +. Two CCs^{to publicProse.utor.Iiigh Cnurt ofTelangana.at Llyderabad(OUT)z} 5. one CC to^{Sri P.AnimiReddy,Advocate (OPUC) z} 6. One SPare^{CoPl ,"'}

IIIGH^(-O[.'R I

(;sl)..1

DATE: l5-02-2021

ORDEII

CRL.P. NO. 282 0F 2021