In the Court of the Iii Addl

1 IN THE COURT OF THE IV ADDL. DISTRICT AND SESSIONS JUDGE, KARIMNAGAR PRESENT:SMT. D. MADHAVI KRISHNA, IV Additional Sessions Judge, Karimnagar. I/c. VII Addl. Sessions Judge, Karimnagar TUESDAY, the 5th day of MAY, 2020 CRIMINAL MISCELLANEOUS PETITION NO. 92 OF 2020 IN CRIME NO. 91 of 2020 OF Manakondur P.S Between: A2. Gattu Thirupathamma, w/o Shankaraiah @ Shankar, 45yrs, Caste: Mudiraj, occ; Agri., A3. Gattu Shankaraiah @ Shankar, s/o Rayanarsu, Age: 50yrs, Caste; Mudiraj, occ: Agri., Both R/o Kondapalkala v/o Manakondur Mdl. of Karimnagar Dist. ….Petitioners/A2 & A3 And The state through P.S, Manakondur ….Respondent/Complainant. PETITION FILED UNDER SECTION 439 OF CR.P.C. This petition is coming before me today for hearing in the presence of Sri K.Devender, Advocate for the Petitioners/accused Nos. 2&3 and the learned Additional Public Prosecutor for the State, upon consideration of the material on record, having been heard and stood over for consideration to this day, the Court made the following: :: O R D E R :: This petition is filed by the Petitioners/accused Nos. 2&3 under Section 439 of Cr.P.C., in Crime No. 91 of 2020 of Manakondur P.S., for the offences punishable under Sections 417,420 r/w 109 of IPC and Sec. 3 of DP Act for grant of bail to them. The Petitioners/ accused Nos.2&3 are in jail since 6-4-2020. 2. Notice is given to Additional Public Prosecutor, who filed counter. 3. The case of the prosecution is that, the Lw.1/Ranaveni Anusha and the Accused Nos.2 & 3 belongs to same village and also same caste Mudiraj and A1 is their son. The house of Lw.1 and accused are very near, and they got acquaintance with each other. Lw.1 used to go to the house of accused persons, and A1 also used to come to her 2 house. Taking advantage of the same, A1 developed coveted eye on the Lw.1, and stalked her by forcing her to love him for three years, subsequently, she accepted his proposal. Later, A1 used to come to the house of Lw.1, when she was alone, and told deceitful words that he would marry her, induced and participated in sexual intercourse with her forcibly against her wish for 4 or 5 times and when the victim asked for marriage, A2&A3 demanded dowry Rs.10 lakhs, thereby cheated the victim. 4. Learned counsel for the Petitioner/accused in whatsapp call submitted that the petitioners/accused Nos.2&3 are innocent persons, and the A1 and the complainant loves each other, but the parents of complainant changed her attitude towards him and they hatched a plan to lodge this false complaint against the accused persons, and A2 & A3 are suffering with old age ailments, if they detained in jail, their health condition will spoil and at present presence of A2&A3 at their house is essential for harvesting, hence prayed to grant bail to the Petitioners/ Accused Nos.2&3. 5. On the other hand, learned Additional Public Prosecutor filed counter and opposed the bail contending that the investigation is still pending, some more witnesses yet to be examined and since registration of the case, accused have not cooperating with the investigating agency, and if the accused Nos.2 &3 released on bail, they may manipulate or tamper the reports as they are politically influenced persons, hence prayed to dismiss the petition. 6. A perusal of the record and counter disclose that, in this case investigation is still in progress. But in view of submissions of petitioners counsel for harvesting and considering the facts and circumstances of the case, submissions of the counsel for Petitioners/ Accused, and the period of remand of petitioners in jail and their health condition, the petition can be allowed with certain conditions. 7. In the result, the petition is allowed and the Petitioners/Accused Nos.2 & 3 are ordered to be enlarged on bail on their executing a Personal Bond for a sum of Rs.20,000/- (Rupees twenty thousand only) 3 with two sureties for like sum each to the satisfaction of Spl.Judicial Magistrate of First Class (Excise), Karimnagar. Dictated to Stenographer through Phone, transcribed by her, e-mailed to me, corrected and pronounced by me on this the 5th day of May, 2020. Sd/- IV Addl. Sessions Judge, Karimnagar. I/c. VII Addl. Sessions Judge, Karimnagar Copies to: 1. The Spl. Judl.Magistrate of First Class (Excise), Karimnagar 2. The Station House Officer, Manakondur P.S. 3. The Superintendent, Dist.Jail, Karimnagar 4. The System Officer, Computer Section, Prl. Dist.& Sessions Court,Karimnagar with a request to upload the copy of this Bail Order in Karimnagar District e-Courts Website..

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