IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD FRIDAY, THE TWENTY THIRD DAY OF MAY TWO THOUSAND AND FOURTEEN Between:
: PRESENT:
THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRLP .NO:5659 of 2014
1. Nimishakavi Ravi Shankar S/o Gangaram
2. Nimishakavi Jaya W/o Laxminarayana
3. Padma Vijaya W/o Late Chandramouli
4. Katta Sandhya W/o Ramulu
5. Gatla Bhagya W/o Sridhar
6. Nimishakavi Lavanya W/o Srinivas
7. Nimishakavi Latha W/o Srinivas . Petitioners/Accused Nos. 1, 4 to 9 AND The State Through SHO., PS., Koratla Karimnagar Rep by its Public Prosecutor High Court of AP., Hyderabad . Respondent Petition under Section 438 of Cr.P.C., praying that in the circumstances stated in the petition and grounds filed herein the High Court may be pleased to grant anticipatory bail to the petitioners / Accused Nos.1, 4, to 9 by directing the SHO., PS., Koratla or and arresting officer to enlarge them on bail in the event of their arrest in connection with FIR No.157 of 2014 of PS., Koratla Karimnagar District.
The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri K Venumadhav Advocate for the Petitioners and of Public Prosecutor for the respondent, the Court made the following.
ORDER:
“Heard both sides.
This petition under Section 438 of the Code of Criminal Procedure is filed by the petitioners-A.1, A.4 to A.9 for their release in the event of their arrest in connection with crime No.157 of 2014 of Koratla Police Station, Karimnagar District, registered for an offence punishable under Section 306 of Indian Penal Code.
Allegations against the accused, in brief, are that the petitioners along with some others have abused and beat the deceased-Roshini Bain, wife of the de facto complainant with chappals and abused her. It is alleged that due to the said acts of the petitioners, the deceased went inside the house, bolted it from inside and hang herself to the ceiling fan and committed suicide.
The contention of the learned counsel for the petitioners that they are falsely implicated and that they have nothing to do with the unfortunate suicide by the deceased.
A perusal of the complaint do not specifically show as to what was the nature of abatement that was caused by the petitioners for the deceased to commit suicide. It is submitted that the 1st petitoner-A.1 is a government servant and if he is arrested and detained in jail, he will lose his job. The other petitioners are all ladies and permanent resident of Koratla.
Taking the above facts and circumstances into consideration, I feel that petitioners can be granted anticipatory bail subject to certain conditions.
Hence, this petition is allowed and the petitioners-A.1, A.4 to A.9 are directed to surrender before jurisdictional Magistrate concerned ie.., Judicial Magistrate of First Class, Koratla, within two weeks from today and on such surrender they shall be enlarged on bail on their executing a personal bond for Rs.10,000/- (Rupees Ten Thousand only) each with two sureties for the like sum each to the satisfaction of the said Magistrate. Further, they are directed to appear before the investigation officer as and when required and co-operate with the investigation agency during enquiry.”
//TRUE COPY// To ASSISTANT REGISTRAR For ASSISTANT REGISTRAR
1. The Judicial Magistrate of First Class, at Koratla, Karimnagar District
2. The Station House Officer, Koratla Police Station, Koratla, Karimnagar District
3. Two CC to Public Prosecutor High Court of A.P Hyderabad(OUT)
4. One CC to Sri K. Venumadhav, Advocate(OPUC)
5. One spare copy Csk HIGH COURT MSKJJ DATE: 23-05-2014 ORDER CRLP. NO. 5659 OF 2014 DIRECTION HIGH COURT Csk Date of drafting 23-05-2014 MSKJJ DATE: 23-05-2014 ORDER CRLP. NO. 5659 OF 2014 DIRECTION