Cr MP No 63 of 2020 in Crime 38 of 2020 Mustabad PS

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. V Addl. Sessions Judge, Karimnagar WEDNESDAY, the 29th day of APRIL, 2020 CRIMINAL MISCELLANEOUS PETITION NO. 63 OF 2020 IN CRIME NO. 38 OF 2020 OF MUSTABAD P.S. Between: Maddula Mahesh Reddy, s/o Balaiah, Age: 45yrs, R/o Nagampeta v/o Gambhiraopet Mandal of Rajanna Sircilla Dist., ….Petitioner/Accused No.5 And The state through P.S, Mustabad (Crime No. 38 of 2020 ) ….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.Rajender, Advocate for the Petitioner/accused 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 Petitioner/accused under Section 439 of Cr.P.C., in Crime No. 38 of 2020 of Mustabad P.S., for the offences punishable under Sections 354-D, 498-A, 506, 290,323 and 337 r/w 109 of IPC and Sec. 12&17 of POCSO Act for grant of bail to him. The Petitioner/ accused is in jail since 17-3-2020. 2. Notice is given to Additional Public Prosecutor, who filed counter. 3. The case of the prosecution is that, the complainant/Pathuri Sheshamma is resident of Avunur village and she had two daughters and the marriage of her elder daughter was solemnized and younger daughter by name Lavanya, aged about 17 yrs has been pursuing Intermediate II year. Her husband and father-in-law have proposed the marriage of her younger daughter with her nephew Maddula Mahesh, but her daughter refused the same. On that, said Mahesh used to visit their house 2 frequently and insisted her daughter to marry him, otherwise threatened to kill herself and her daughter. Further, her husband and father-in-law harassed her physically to convince her daughter for the marriage with Mahesh, later beat her and necked her out from the house, on that, they went to the house of her parents at Dammannapet village and residing there. On 10-3-2020 at 1530 hours, herself and her daughter with the help of villagers returned to her in-laws house, but it was locked, meanwhile, her husband came in a car, then she asked the key of house, but they both abused her in most filthy language, further Mahesh Reddy drove the car bearing No. AP-9-AB-5959 and dashed her, resulting which, she fell down and sustained injuries. 4. Learned counsel for the Petitioner/accused in whatsapp call submitted that the petitioner/accused No.5 is a physically challenged person, as such he is unable to drive any vehicle and due to civil dispute between A1 to A3 and Lw.1, the above complaint was filed for the purpose to stop mutation patta in favour of A1 and A5 is only earning member of his family. It is further submitted that entire investigation is completed, except filing of Charge sheet is remained, therefore, there is no chance to tamper the evidence, hence prayed to grant bail to the Petitioner/Accused. 5. On the other hand, learned Additional Public Prosecutor opposed the bail contending that the investigation is still pending, if the accused person released on bail, he will threaten or induce the witnesses, hence prayed to dismiss the petition. 6. A perusal of the record disclose that, in this case most of the investigation is completed, except filing of charge sheet is left over, as such there is no apprehension that the Petitioner/accused No.5 would tamper the evidence of prosecution. It is further argued that though A1 to A4 are residing in their houses, they have shown as absconding. Considering the facts and circumstances of the case, submissions of the counsel for Petitioner/ Accused and the period of remand of petitioner in jail, the petition can be allowed with certain conditions. 7. In the result, the petition is allowed and the Petitioner/Accused No.5 is ordered to be enlarged on bail on his executing a Personal Bond for a sum of Rs.20,000/- (Rupees twenty thousand only) with two sureties for 3 like sum each to the satisfaction of Judicial Magistrate of First Class, Sircilla and on condition that he shall appear before the Station House Officer, Mustabad P.S., on every Sunday in between 10:00 a.m., to 5:00 p.m., and he shall be available to the Investigating Agency as and when required. All the above conditions shall be in force till the date of filing of the Charge Sheet. The Court of Judicial Magistrate of First Class, Sircilla shall act upon the downloaded copy of this order from the e-Courts Website, Karimnagar for accepting the sureties and before issuing the release order, the said court shall verify this order from the e-Courts website, Karimnagar. Dictated to Stenographer through Phone, transcribed by her, e-mailed to me, corrected and pronounced by me on this the 29th day of April, 2020. IV Addl. Sessions Judge, Karimnagar. Copies to: 1. The Judicial Magistrate of First Class, Sircilla 2. The Station House Officer, Mustabad P.S. 3. The Superintendent, District 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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