Telangana High Court

CRLP/8380/2019 of Md Khaja Shafiuddin and another Vs The State of Telangana on 30 December 2019

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I{IGII COL'RT FOR'THE S'TATE OF TEI,ANGANA A.I' HYDI,]RAIiAI) MONDAY. THI] THIRTIE'I'H DAY OI. DECtsMBER I\\'O IHOUSAND AND NINETEEN :PRl'-SE\T: THE HO\OLR"\I]LE.IL'STICE (; SRI DE\:I CRI\tINAL PETITION NO: 8380 OF 2019 ween: I . Md Khaja Shafiuddin. Sro late Mohd Kliaja Moinuddin 2. Smt

[31s8 ]

IN THIi I{IGII COL'RT FOR'THE S'TATE OF TEI,ANGANAA.I' HYDI,]RAIiAI)

MONDAY. THI] THIRTIE'I'H DAY OI. DECtsMBERI\\'O IHOUSAND AND NINETEEN

:PRl'-SE\T:

THE HO\OLR"\I]LE.IL'STICE [(; ]SRI DE\:I

CRI\tINAL PETITION NO: 8380 OF 2019

Bcween:

ween:I . Md Khaja Shafiuddin. Sro late Mohd Kliaja Moinuddin2. Smt Touheed Ara, W/o Md Khaja Shafiuddin Petitioners/Accused No.2 & 3

AND

The State olTelangana, through S.LI.O. P.S. Neredmet, Rep by Public Prosecutor, High Court,Hyderabad Respondent/Complainant Pctition under Section 438 of Cr.P.C, praying that in the circumstances stated in theCriminal Petition, the High Courl may be pleased to grant Anticipatory Bail to the petitionersthereby directing the S.H.O., P.S. Neredmet to release the petitioners on bail in the event of theirarrest in Crime/FIR No.695 ol20l9 in the interest ofjustice.

lhe petition coming on lor hearing, upon perusing the Petition filed in suppon thereofand upon hearing the arguments of Sri Mohd Osman Shaheed Advocate lor the Petitiorrers and of'"Additional Public Prosecutor lbr the Respondent. the Court made the following. ORDER:

q

HON'BLE JUSTICE G. SRI DEVI

ORIMINAL PETITION No.838O of 2t'.tl9

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ORDER:

This Criminal Petition under Section 438 of Cr.P.C. isfiled by the petitioners/A2 and A3, seeking anticipatory bail1n Crime No.695 of 2019 on the fiIe o1' the S.H.O.,Neredmet I)olice Station, Rachakonda Distrjct, registeredfor the offe:eces punishable under Sections 498-A and 506IPC and 3 zrnd 4 of D.P. Act and 3 and 4 of Muslim WomenProtection l\ct.filed by the petitioners/A2 and A3, seeking anticipatory bail1n Crime No.695 of 2019 on the fiIe o1' the S.H.O.,Neredmet I)olice Station, Rachakonda Distrjct, registeredfor the offe:eces punishable under Sections 498-A and 506IPC and 3 zrnd 4 of D.P. Act and 3 and 4 of Muslim WomenProtection l\ct.

2. Heard learned counsel for the petitioners as wellas the learned Additional Public Prosecutor appearing forrespondent-.State.

3. The case of the prosecution is that the marriage ofthe complainant with A1 was solemnized on 06.07.2019 asper Muslim Rites and Caste Customs. At the time olmarriage, the parents of the complainant gave 20 tulas ofgold, household articles and Rs.5,00,OOOl- to the accusedtowards dorrrSr. Since the date of marriage, the accusedstarted harassing the complainant both physically andmentally for additional dowry stating that A1 needs to go toCanada. Ctn 05. 1O.2OI9 when she was sr,Lffering fromillness due to pregnancy, at the instigation of A1, both thepetitioners beat her and forcibly necked her out of thehouse. Her husband also calling her over phone andabused her in filthy language and also threatened with dire consequences. He also pronounced Tripie Talaq andinformed that she was no more his wife. Hence, thecomplaint.

4. Learned counsel for the petitioners submits thatthe petitioners are innocent persons and they are falselyimplicated in this case. The complainant stayed with A1only lor one month and since August, 2019, she is residingwith her pa-rents. He further submits that the petitionersare aged persons. The l"t petitioner is a Unani Doctor byprofession and he holds good image and status in thesociety. The 2"d petitioner is a house wife and sufferingfrom several aged ailments. He further submits that A1never pronounced any divorce against the complainant, butshe is leveling false allegations and filed this case to extractmoney from the petitioners. He further submits that thepetitionersare permanent residents of Hyderabad andready to abide by the conditions imposed by this Court andhence, he prays to grant anticipatory bail to the petitioner.5. On the other hand, the learned Additional PublicProsecutor representing the State vehemently opposed thebail application.

6. Looking into the nature of allegations madeagainst the petitioners and also keeping in view the factsand circumstances of the case, I am inclined to [grant]

qanticipato{,' bail to the petitioners by irr posing someconditions.

7. Ac:cordingly, the Criminal Petition is; allowed andthe petitionerslA2 and A3 are directed to be released onbail in the event of their arrest in connection with CrimeNo.695 of 2019 of Neredmet Police Station, RachakondaDistrict, on each of them executing a personal bond forRs.15,000/- (Rupees hfteen thousand only) rvith two locaisureties for a like sum each to the satisfaction of the saidStation House Officer and subject to the condition that thepetitionersT A,2 and A3 would cooperat,3 with theinvestigatio n Agency and would report before the abovePolice Station, on every Sunday between 10-00 a.m. and5.00 P.M. till fiiing of charge sheet. Miscellaneous petitions,if any pend:ng, sha1l stand closed.

To

SD/. N. [CHANDRASEKHARA ][RAO]AssrsrANT [REGTSTRAq]\-SECTIoN OFFICEIT

//TRUE COPY'

1, ['fhe ]XIX Additional Metropolitan Magistrate, Cyberabad at Maikajgiri

2. The XVI Additional Metropolitan Sessions [judge, ]Malkajgiri, [( ]lberabad, Ranga I{eddyDistrictDistrict

3. The Station Ilouse Officer, Neredmet Polico Station, Rachakonda District

4. Two CC to Public Prosecutor, High Court, l{yderabad(OUT) 7-

5. One CC to Sri l.{ohd. Osman Shaheed, Advocate(OPUC)

6. One spare copl

HIGII COT,I{'t

GSDJ

DATED:30/1212019

ol )[.ttCRLP.,\.'o.fl3U0 of 2019

CRLP. AI,LO\\'I.]D

30 oEc 0$

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