Allowed

Smt. M. Sweta v. The State of Telangana

Telangana HC1 Nov 2021CRLP/6917/2021

Case brief

AI extract

What is this about?

Justice G. Sri Devi disposed of two criminal petitions seeking anticipatory bail in connection with offences punishable under 498-A IPC, Dowry Prohibition Act, and SC/ST Act. The Court granted bail subject to conditions including surrender within 15 days and payment of security.

What did the court decide?

Petitioners granted anticipatory bail subject to surrender within 15 days, personal bonds of Rs.15,000 with two sureties, cooperation with investigation, and other statutory conditions.

Smt. M. Sweta Vs The State of Telangana — Caste Atrocities | Telangana HC (2021)

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llliri^I

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III(;IJ⁽ Ot I{T ['Ort',t'Hli s',l \TI.] {:ll.'rt1L.\(;A\ \ .'t'HYD[.tt.{l]AI)

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MONI)AY. l'HE FIRST DAY Crlr).lOVEI,IBER TU'O TTIOI.JSAND AND T\i/[i]\iTY ONt]

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:PRESIII\T:

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THli HON'llLE Jt,STICE 'G SilI DEVI

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gBI_MNALBElflrlON NoS : 6eI;'J\UD 7247 OF 2021

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CRL.P.NO.69l7 0F 2021

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Betrv e e n:

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l. Srnt. M. Srveta. W,/o. Kotcshwar. (A-l)

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l. l)r. \4. Kotesh\ar. Sb. I-axrri \aral,ana. 1A-2)

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... l)ctitioners/,\ccusrrl \os. l &2

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l. Ihc State ol l'elansana. Rrp hf its P.I']. High⁽ o-rrt lirl thc Slate rlf^'l elansana. - Tlrrough SIIO PS,. Iluztrnrbacl Io\n. Karinrnagar I)istrict.

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l. Smt. \4. 1\4e-rs1 'lirdhLrrinra l:i Dcvika. \',o. Shira Kunrar'. Agcd -i0 rears. Occ: Iiousehold Rro. SLrper []a;rar Roacl Nou at Il. No l9-90. S.\'. Colorrr-. Huzulahad Karirnrrlri.lar I )istrict.

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I{esponden ts/Coln pla ina n ts

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Petition Lrnder Scction.l3ll c,1'Cr'.P.C o1'C'r.P.C. praling that in the circurrslanccs slalcd in thc grounds tilcd in support ol'thc Crinrinal Petition. thc Iligh C,rurt ma1 bc pleascd to enlargc thc pctitioncrs on bail in tlre e\ cnt^,rf their arrest in Crinre No. 239 of 1021. on the flle oi' I'S.. I luzLrrabad^'fori n. Karinrnasar clistrict. or.r such tclms and cc,rrditions.:

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cRt..t,.\o.72J7^()F 2{)2 |

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Bet$,ccn:

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I. lVl.Ranrcsh. Sio.llama Sr.r anr1.. (A-3)

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Smt.M.l{ama Devi. W/o.N,[.Flamesh (A-4)

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i. M.Sharath. S:'o. ,l.Ranrc'sh (t-5)

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-1. Smt.\4.( handirika ri L,\nitha. W/o.M.Sharath

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...1)r:titioners/,\ccuscd Nos.3 to^(r

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'l hc Stalc ol"l-elarrgana. [{cp bf its P.P. tligh (iorrt lirr the Stat!. i]f' Iclanranr. - I'hlouelr SFIO PS.. IJuzLrralrucl^'[orr n. Karintnagar [)istlict. q Smt. '1. \4ersr \lldhuritra 1:r Der ika- \,o. Shira r.r.rnrar. \gc.d i0 rcars. Occ: I louschold R,/o. Super []azar Road Nou at l l. No l 9-9(). S. W. C'olon1 . I luzrrratrad Karirrnasar I)istrict^{('h.l.l.Shira} KLrnrar. Shira I:trst Ii()o.l⁽ cntre. RI( llus Slarrd. I'lot lirrn.r \o.(r. lluzLrnii.ratl Iltr: litancl. Iluzuratrad. K:rin,nalrar I)istr icr.

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I{cspondcnts/Com plainn n ts

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I)ctilion unclel Scction {-ll'i r,l'('r.['.('of'('r.l).C'. p,ralrrrg tLat in Ihc circurrstanccs sillc(l in thc slorrncls lilcd in sLrpport r,l'thc Crinrin:rl Pctitiorr. tir,: Iligh^(,.rult rral bc pleased to crrlirrgc the pctilioners on bail in tl)c evcnt ,)f their arrest in Crinrr: l\o. l-i9 of 202i. on th,.' lllc o1'I'S.. Iluzurabad forrrr. Karirlnagar district. on strch tt'rnrs and cc,nditiorrs.:

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'l'hese petitions corning on Ior hearing, upon perusing the Pelition arrd the glourrrls liled in suppolt thcreol'and upon hearirrr the arguments of SIII.M.RAM MOTJAN REDDY Ad\ ocatc lor the Petitiorrers^jn hoth petilionr; and Assistant Publjc l)rosecutor for Rcspondents in bolh petilions. the^('ourt nradc tlre ltrllorving.

oRt)t..tt

{

THE IIONOURABLE JUSTICE G. SRI DE''I

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CRIMINAL PETI'l'lON Nos.69l7 and7247 of 2021

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coN{MoN oRpER

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Since these two criminal petitions are in respect of same crime and the petitioners in both these criminal petitions seeking anticipatory bail, both these petitions are heard together and are being disposed of by this common order.

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These Criminal Petitions, under Section 438 of the Code of Criminal Procedure, 1973, are filed by the petitioners/A.1 to .4.6, seeking to grant anticipatory bail in the event of their arrest in connection with Crime No.239 ol 2021 of Huzurabad Town Police Station, Karimnagar District, registered for the ol'fences punishable under Sections 498-,4 read with 34 of the Indian Penal Code (lPC), Section 4 of the Dowry Prohibition Act and Section 3(1)(0(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

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Heard learned counsel appearing for the petitioners/A. I to 4..6, learned Assistant Public Prosecutor appearing for respondent No.1State and perused the lecord.

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4, Notice sent to respondent No.2 is returned as unclaimed. Learned Assistant Public Prosecutor informed that the though notices have been tendered through the Investigating Officer, the same have been refused to receive by respondent No.2. 5. lt is the case of the prosecution that on 19.08.2021 respondent

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No.2 herein has filed a complaint stating that she is residing at

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)

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(;SD.J crLP.Nos,69l? & 72ar.rtorl

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Huzuarabad and she belongs to SC community. She and her husband Manchikatla Shiva Kumar fell in.love and got married on 05.08.2019 at Arya Samaj, Hyderabad, and they are living separately at Huzurabad. After l5 days oltheir marriage, A.3 and A.4, the parents of her husband, and other family members performed marriage reception and they were taken to their house after two months. Thereafter, the petitioners insulted respondent No.2 as she belongs to downward community and all the accused were harassed mentally and demanded that the land of her parents be registered on their names otherwise she should bring rnoney by selling the said land. Basing on tlre said complaint, a case in Crime No.239 of 2021 has been registered against the petitioners/A.l to A.6.

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Learned counsel for the petitioners would submit that the petitioners are innocents of the offences alleged against them and have been falsely implicated. Respondent No.2 and her husband are living separately. The petitioners are no way concemed with the family matters of respondent No.2. There are no specific allegations against the petitioners herein. The petitioners are having fixed abode and tl.rere is no question of absconding. It is further submitted that the petitioners are willing to furnish suitabie security and abide by any condition which this Couft rnay deem fit to impose in the event of granting anticipatory bail. Hence, it is prayed that the petitioners/A.l to A.6 be granted anticipatory bail.

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Learned Assistant Public Prosecutor opposed to grant anticipatory bail to the petitioners,

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(i\D.J ( rrf \or.6er?,! 7r{7 0i:0r r

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As seen liorn the contents of the F.l.R. itsell, A.3 and A.4, parents-in-law of respondent No.2, are residing at Hyderabad, and A. I and A.2 are residing at Bellampalli of Mancheria District. It seems that there are matrimonial disputes between the parties. A perusal of the other allegations levelled against the petitioners, except general and omnibus allegations, no specific overt acts have been attributed to any of the petitioners. Thus, tooking into the nature ofallegations and other facts and circumstances of the case, without adverting into the merits of the case, I am inclined to grant anticipatory bail to the petitioners/A. I to A.6.

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Accordingly, the Criminal Petition is allo"ved and the petitioners/A.l to A.6 are grantecl anticipatory bail subject to the lollowing terms and conditions:

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( I ) The petitioners/A. 1 to ,4.6 are directed to surrender before the Station House Officer, Huzurabad Town Police Station, Karimnagar District District, within a period of 15 days from today and on such sumender, the said Station House Officer shall release the petitionersiA. 1 to ,4.6 on bail on their executing personal bonds for a sum ofRs.15,000l (Rupees fifteen thousand only) each with two sureties for a like sum each to his satislaction.

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(2) The petitioners/A.1 to A.6 shall appear befbre the investigating authorities as and when required fbr the pulpose ol lair invest igation.

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(3) The petitioners/A.l to A.6 shall not interf'ere with the investigation, intimidate or induce the material witnesses and shalI cooperate with the investigating agency.

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csD.,I Crl.P.N .69l7 &^'72t7 df102l

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(4) The petitioners/A. I to A.6 shall not misuse the liberty granted to them, failing which, the Courl concemed shall take appropriate action iir accordance with law in the light of the judgment of the Apex Court in Sushila Aggarwal and others v. State (NCT of Delhi) and otherst ,

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(5) The petitioners/A. I to 4'.6 shall abide by the other conditions stipulated in Section a38(2) Cr.P.C and cooperate with the Investigating Officer in investigating the case.

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