SYED CHAND PASHA Vs. STATE OF A.P.

JUDGEMENT

(1.) This criminal petition is filed under Section 439(2) Cr.P.C by the petitioner, who is the father of the deceased-Shaguftha Shereen seeking cancellation of bail granted to the 2nd respondent/A1, who is the husband of the deceased, vide orders dated 26.08.2013 in Crl.MP.No.3173/2013 in Cr.No.442/2013 of Panjagutta Police Station, Hyderabad by the learned Metropolitan Sessions Judge, Hyderabad. I have heard the learned counsel appearing for the petitioner, learned counsel appearing for the 2nd respondent/A1 and the learned Additional Public Prosecutor, representing the State.

(2.) The brief facts of the case according to the prosecution are that the deceased Shaguftha Shereen, a native of Karnataka, who discontinued her studies in M.Sc (Genetics) married A1 in the year 2008. They were blessed with a daughter out of their wedlock. Some differences arose between the couple and there used to be frequent quarrels over trivial family matters. A1 who allegedly vexed with the attitude of his wife (deceased), decided to do away her life. He hired A2 on condition of paying Rs.3 lakhs for killing the deceased. In pursuance of the criminal conspiracy hatched by both A1 and A2, A2 did a 'Reccee' on 19th and 20th June, 2013. Thereafter, A2 paid the ransom of Rs.3 lakhs to A2. After receiving the amount, A2 advised A1 to serve a tea to the deceased mixing sleeping pills. A1 did so and conveyed the information to A2 that his wife was in deep sleep. This was done on 21.06.2013. On receiving the information, A2 went to the house of A1 situated at Venkataramana colony, Panjagutta, Hyderabad, opened the door with a key given by A1, entered into the house, picked up a vegetable cutter from the kitchen and stabbed the deceased to death by causing multiple injuries on the throat and other vital parts of the body. After killing the deceased, A2 handed over the gold ornaments of the deceased to A1. This was done with an intention to hoodwink the investigating agency. According to the prosecution, while A2 was stabbing the deceased, the deceased woke up, struggled and in that process A2 sustained injuries on his right forearm and also a cut injury between left thumb and index finger.

(3.) Basing on the report lodged by the brother of the deceased, a case in Cr.No.442/2013 of Panjagutta Police Station was registered for the offences punishable under sections 302, 201 and 120-B IPC. In the course of investigation, both the accused were arrested and were lodged in prison. A1 filed an application seeking bail before the learned Metropolitan Sessions Judge, Hyderabad and initially it was dismissed. Subsequently, A1 filed another application seeking bail in Crl.MP.No.3173/2013 and the same was allowed by the learned Metropolitan Sessions Judge, Hyderabad granting bail to him. The said bail is sought to be cancelled in the present criminal petition.