THE HON’BLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL PETITION No.13979 of 2014 ORDER:
The petitioners who are A1 to A4, filed the present application under Section 438 of the Code of the Criminal Procedure (Cr.P.C.), seeking release in the event of their arrest in connection with Crime No.715 of 2014 of Jubilee Hills Police Station, Hyderabad District, registered for the offences punishable under Sections 323, 354, 509 and 506 read with Section 34 of IPC.
The allegations in the report would disclose that on 26.07.2014 between 06.00 p.m. to 07.00 p.m., when the informant was returning home after finishing her work and when she reached near Peddamma Temple Current Office backside, the petitioners are alleged to have obstructed the informant and manhandled her. Thereafter, Narayana and other accused are alleged to have scratched her jacket and hit her by using vulgar language. On that, the informant shouted loudly to which some of the passerby came and rescued her. It is further alleged that the informant has a threat to her life in the hands of the accused. Basing on these allegations, the above case came to be registered.
Heard learned counsel for the petitioners and the learned Public Prosecutor appearing for the respondent-State.
Learned counsel for the petitioners mainly submits that the present case came to be registered due to some disputes between Narayana (A4) and the informant. It is contended that earlier a case in Crime No.462 of 2014 was registered for the offences punishable under Sections 417 and 420 of IPC against A4 and the present case is initiated only with a view to harass the petitioners. In my view, both the incidents are independent and are not related to one and other. The earlier case was registered against one Narayana who failed to marry the informant after enjoying her for some time. The incident in the present case would show that four accused including Narayana obstructed the informant while she was going home, scratched her jacket and hit her apart from abusing her in a vulgar language.
Since the allegations in the report prima facie constitute the offences alleged, I am not inclined to grant anticipatory bail to the petitioners.
However, he petitioners, if so advised, shall appear before the concerned Court and move for regular bail after giving notice to the learned Public Prosecutor, and in such an event, the same shall be disposed of on the same day, in accordance with law.
Accordingly, the criminal petition is disposed of.
As a sequel thereto, Miscellaneous Petitions, if any, pending shall stand closed.
JUSTICE C. PRAVEEN KUMAR 17.11.2014 vhb