ORDER :

B. Siva Sankara Rao, J.

Crl.P. No. 10010 of 2015

1. The petitioner-T. Swamy is the accused in CC No. 290 of 2015 on the file of the II Addl. Chief Metropolitan Magistrate, Hyderabad, outcome of Cr. No. 376 of 2014 of Abids Road Police Station, registered for the offences punishable under Sections 497 and 506 IPC on the complaint dated 15.11.2014 of Ch. Sunil Reddy.

2. The contents of the complaint of Ch. Sunil Reddy in registration of crime supra are that the complainant is resident of Indira Nagar, NGO's Colony Road, Hanmakonda, working as Software Engineer who married to one K. Rajyalakshmi, working as Woman Sub-Inspector of Mahaboobnagar Rural with the consent of both side elders. In marital tie, she got pregnant confirmed by Dr. Sandhya Rani, on 30.8.2014 and after that she went to her parents home at Khammam on applying leave for three days. After she resumed to duty, she took a new home without informing to her husband-the complainant and after some days, with the help of Circle Inspector of WPS Subedari, she met him in Landmark Hotel, Hanamkonda and stated that she was aborted 10 days back and left away without stating any more particulars. Some days later, when the complainant spoke to Circle Inspector supra and ASP M.V. Sreekanth, they told that they will look into the matter but they did not inform anything. After that when he spoke to his wife Rajyalakshmi, she asked him to come to Hyderabad as she was in Assembly bandobast duty. He told her that he would come by 15.11.2014 early morning to the Brindavan Hotel, Abids where she got accommodation as he did not get train tickets and when he called his wife many times, she did not reply. Then thinking that she was in some problem, he came in a flight from Chennai to Hyderabad on 14.11.2014 to Brindavan Hotel by 11.00 p.m., and contacted the receptionist about her room and when he pressed calling bell, she opened the door slightly with an improper nightwear and not allowed him to enter into the room but when forcibly entered, he saw a man wearing pant and shirt. Then he shouted and after seeing him the man immediately ran away from the room. When he questioned his wife why she is cheating him, she said that he cannot do anything with her and threatened him and made him to walk out of the room. The man was caught by the hotel guys and when he asked the man who he was, the man threatened to kill him. On his enquiry, he knew that the man was Swami, Circle Inspector of Kareemnagar. Then he immediately went to Abids Road Police Station and lodged a complaint against said Swami.

3. The police after registering crime and completion of investigation, filed charge-sheet citing 10 witnesses viz.; complainant as LW1, Ch. Rajyalakshmi as LW2, the eye-witnesses as LWs.3 to 8 and two Sub-Inspectors and one Inspector, who registered the crime, arrested the accused and filed charge-sheet as LWs.8 to 10, stating that on verifying the C.C. footage of Brindavan Hotel, Abids it is found that on 14.11.2014 at 22.21 hours, the accused entered into the room of victim in Brindavan Lodge, Abids and half an hour later the complainant came to the Lodge and made enquiry in the reception about his wife-LW2 was in Room No. 217, went to the room and pressed the bell and after three rings only, LW2 opened the door slightly but by seeing her husband, she did not allow him into the room, immediately the accused ran away escaping from the room boy-LW5 who tried to stop him which is clearly noticed through cameras. Further the LW10 collected call details of personal cell phone number of accused i.e. 9908896098 from the period 1.11.2014 to 23.11.2014 wherein it shown that the accused regularly used to contact the LW2 on her official cell phone No. 9440904667 and on the fateful day also there was conversations between them which is well establishing that the accused Inspector of Police III Town Police Station Karimnagar reported for Assembly bandobust duty on 11.11.2014 morning at Gate No. 1, he was given