HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH Between:
FRIDAY, THE FOURTH DAY OF JULY, TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE DR. JUSTICE B.SIVA SANKARA RAO CRL.P. .NO:6080 of 2014
1 M.Malathi W/o. M.Anand,
2 M.Anjinappa, S/o. Mallaiah, Petitioners/Accused Nos. 2 & 3 AND The State of A.P., Rep., by its Public Prosecutor, High Court of A.P., Hyderabad, Through Station House Officer, Hindupur Rural Police Station, Hindupur, Anantapur District Respondent/Complainant Petition under Section 438 of Cr.P.C., praying that in the circumstances stated in the petition and the grounds filed herein, the High Court may be pleased to enlarge the petitioners on bail in the event of their arrest in Crime No. Cr.No.9/2014 on the file of the Hindupur Rural Police Station, Hindupur, Anantapuramu District.
The petition coming on for hearing, upon perusing the petition and the grounds filed herein, order of the High Court made herein, and upon hearing the arguments of Sri N.Aswartha Narayana, Advocate for the Petitioners and the Public Prosecutor for the Respondent, the Court made the following.
ORDER:
“This Criminal Petition is filed under Section 438 Cr.P.C by petitioners/A-2 and A.3 seeking anticipatory bail pursuant to the case in Crime No.9 of 2014 of Hindupur Rural Police Station, Hindupur, Anantapur District, registered against the petitioners and another for the offences punishable under Section 498A read with 34 IPC.
2. Heard the Learned Counsel for the Petitioners, the Learned Additional Public Prosecutor for the Respondent-State and perused the material placed on record.
3. The de facto complainant is brother of deceased Suvarna. Said de facto complainant submitted a report to the Police stating that A.1 husband out of second marriage of said Suvarana, first wife of A.1 i.e. A.2 and father of A.2 i.e. A.3 were harassing and ill-treating and driven her to commit suicide, she made an attempt. It is while the crime is pending investigation filed affidavit before she breathed the last, in the Court in the application for bail sought by A.1 said husband of her out of alleged second marriage in Crl.M.P.No.784 of 2014 that her husband was treating her well and therefrom bail was granted. It is later, it appears, she breathed the last. These petitioners are first wife and father-in-law of A.1.
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4. Taking consideration of these facts this application is allowed granting anticipatory bail to the petitioners subject to the following conditions:-
[1] The Petitioners shall within 15 days surrender before the learned Magistrate concerned to take into custody and enlarge on executing a self-bond for Rs.25,000/- [Rupees twenty five thousand only] each with two sureties each for the like sum each to the satisfaction of the Learned Magistrate concerned. The bond to be obtained is not only to appear before the court pending investigation and after filing of final report in the form of charge sheet or the like for enquiry/trial before said Court, but also thereafter before any other Court and even after trial before such Court to appear before revisional or appellate Court or other superior Court - vide decision-Pre-Legal Aid Committee, Jamshedpur vs State of Delhi 1982[2]APLJ 43(SC); so that existence and enforceable, without even insisting their further presence, such recourse quickens the proceedings at other stages before that Court or other Court without loss of time and it also to some extent complies with the requirement of Section 437A Cr.P.C.
[2] Petitioners shall report before the Investigating Officer on every Sunday till filing of charge sheet and thereafter once in a month on 1st Sunday between 6.00 p.m to 7.00 p.m until further orders of learned Magistrate for assurance of their availability and non-interference in any manner with the witnesses. The relaxation of this condition in future can be sought before learned trial Magistrate to whom by this order power is conferred.
[3] Petitioners shall attend before the Court of law regularly in enquiry and trial without fail, if not their bail shall be cancelled forthwith, without any further order so that, the learned trial Magistrate can also issue NBW by cancelling the bail from the power under Section 439(2) Cr.P.C. delegated to the trial Magistrate by this order during pendency of proceedings before the Court.
[4] Petitioners shall furnish their full address either present or changed addresses if any from time to time and submit their passports, if any, after enlargement on bail on the next hearing date before the trial Magistrate concerned for securing presence and obtaining of bond with sureties in future under Section 437A Cr.P.C. etc., failing which it is open to the learned Magistrate concerned by virtue of the power conferred by this order to cancel the bail.
[5] In the event of the police making out a case for police custody for the purpose of interrogation the petitioners shall be liable to be taken to police custody or within 15 days of release on bail for facilitating the further investigation remained if any, with the permission of the Magistrate concerned who can grant such police custody, subject to necessary precautions and instructions as per the constitutional bench expression of Apex Court in guideline No.iv in Gurbaksh Singh Sibbia Vs. State of Punjab (1980)2 SCC 565.
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[6] The bail now granted is since a anticipatory one, till end of trial (without prejudice to the right to cancel meanwhile in case of need and/or for non-compliance of conditions supra) any absence of petitioners as accused for hearing/enquiry or trial, issuance of non-bailable warrant- NBW (unless cancelled before execution) and even its execution and production of accused as per the NBW; that does not tantamount to cancellation of bail including from the wording of Section 439(2) Cr.P.C. and as such in such event no fresh bail application can be entertained. As it tantamounts to only cancellation of bail bonds earlier executed, (leave about the power of the Court to issue surety notices by forfeiting bonds and for imposing penalty on the bonds forfeited); the proper course is to direct the accused to work out the remedy to pay penalty on the previous forfeited bonds as per Section 441 to 446 Cr.P.C and to submit fresh solvency with self bond for enlarging them by release from custody on payment of penalty of the earlier bonds forfeited without need of enforcing against earlier sureties again.”
//TRUE COPY// ASSISTANT REGISTRAR fof ASSISTANT REGISTRAR To
1. The II Additional Sessions Judge, Hindupuram, Anantapur District
2. The Station House Officer, Hindupur Rural Police Station, Anantapur
3. Two CCs to Public Prosecutor, High Court Buildings, Hyderabad (OUT)
4. One CC to Sri N.Aswartha Narayana, Advocate (OPUC)
5. One Spare Copy KK HIGH COURT DR.SSRBJ DT: 4-7-2014 BAIL ORDER CRL.P. NO. 6080 OF 2014 DIRECTION Drafted by: KK Drafted on: 5-7-2014 HIGH COURT DR.SSRBJ DT: 4-7-2014 BAIL ORDER CRL.P. NO. 6080 OF 2014 DIRECTION