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TELANGANA HIGH COURT
G. Sri Devi, J.
Shabana Begum – Petitioner
versus
State of Telangana – Respondent
Criminal Petition No.4703 of 2021
Decided on 3.8.2021
Counsel for the Parties:
For the Petitioner:Ramani Vemuganti, Advocate
For the Respondent: Public Prosecutor TG
IMPORTANT POINT
Bail cannot be granted to accused where allegations levelled against accused are grave and heinous in nature.
Headnote:
Criminal Procedure Code, 1973 – Sections 437 and 439 – Indian Penal Code, 1860 – Sections 376(2)(f)(n), 376(3), 342 and 50 – Bail application – Grave allegations are levelled against petitioner/A-2 that after death of her husband, she has developed illegal intimacy with A-1 and both petitioner and A-1 are staying together by maintaining live-in relationship – Petitioner has also allowed A-1 to commit sexual assault on her own minor daughter, as a result of which her minor daughter, due to continuous assault upon her by A-1, became pregnant and also gave birth to a male child – After giving birth also victim became pregnant twice and A-1 gave pills to her for abortion – DNA test also revealed that A-1 is biological father of male child born to victim girl – Charge-sheet has also been filed in this case – Looking into nature of allegations levelled against petitioner, which are grave and heinous in nature, Court not inclined to release petitioner on bail – Prayer for bail rejected – However, since charge-sheet has already been submitted, Trial Court directed to commence and conclude trial within a period of six (6) months from today without giving any unnecessary adjournments to either of parties. (Paras 5, 6 and 7)
Result: Criminal Petition dismissed.
ORDER
This Criminal Petition, under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (Cr.P.C.), is filed by the petitioner/A-2 to release her on bail in connection with Crime No.45 of 2021 of P.S. Kanchanbagh, Hyderabad, registered for the offences punishable under Sections 376(2)(f)(n), 376(3), 342 and 50 of the Indian Penal Code.
2. Heard the learned counsel for the petitioner/A-2 and the learned Assistant Public Prosecutor for the State and perused the record.
3. Learned counsel for the petitioner submits that the petitioner is innocent of the crime alleged and that the police have foisted a false case against her. It is further submitted that the petitioner is in custody since 12.03.2021. She is willing to abide by any terms and conditions that are imposed by this Court in the event of granting her bail. Hence, it is prayed to enlarge the petitioner/A-1 on bail.
4. Learned Assistant Public Prosecutor appearing for the State has vehemently opposed to grant bail to the petitioner/A-2.
5. On a perusal of the case record and other material papers, it is seen that grave allegations are levelled against the petitioner/A-2 that after the death of her husband, she has developed illegal intimacy with A-1 and both the petitioner and A-1 are staying together by maintaining live-in relationship. The petitioner did not stop there. She has also allowed A-1 to commit sexual assault on her own minor daughter, as a result of which her minor daughter, due to continuous assault upon her by A-1, became pregnant and also gave birth to a male child. After giving birth also the victim became pregnant twice and A-1 gave pills to her for abortion. The DNA test also revealed that A-1 is the biological father of the male child born to the victim girl. Moreover, charge sheet has also been filed in this case.
6. Thus, looking into the nature of allegations levelled against the petitioner, which are grave and heinous in nature, I am not inclined to release the petitioner on bail and the prayer for bail is rejected.
7. Accordingly, the Criminal Petition is dismissed. However, since the charge sheet has already been submitted, as stated above, the learned trial Court is directed to commence and conclude the trial, as expeditiously as possible, preferably within a period of six (6) months from today without giving any unnecessary adjournments to either of the parties.
8. Miscellaneous applications, if any, pending shall stand dismissed.
