ANNEPAKA ROSHAIAH Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The present Criminal Petition is filed by the petitioner/A-3 under Section 482 of Cr.P.C., seeking to quash the proceedings initiated against him in C.C.No.326 of 2018 on the file of the II- Additional Judicial First Class Magistrate, Kothagudem.

(2.) The facts in issue are that the 2nd respondent/de facto complainant filed a private complaint before the II Additional Judicial First Class Magistrate, Kothagudem, which was referred to the police under Section 156 (3) of Cr.P.C . Basing on the said reference, the Police, Paloncha Town, registered a case in Crime No.75 of 2018. After completion of investigation, a charge sheet came to be filed against accused Nos.1 to 4 for the offences punishable under Sections 420 , 354 , 506 , 384 and 109 read with Section 34 of I.P.C. The allegations in the charge sheet are that the 2nd respondent/de facto complainant belongs to perika caste and her marriage was performed with Regadi Jayaram, who belongs to Mala by caste, and out of wedlock they were blessed with two sons. Accused No.2 is the distant relative of the 2nd respondent/de facto complainant; Accused No.1 is the fianc? ((THELAW)) of Accused No.2 and they are residing under one roof and Accused No.4 is the mother of Accused No.1. Accused Nos.1 and 2 approached the 2nd respondent/de facto complainant under the guise of starting a tuition point at her house and simultaneously to teach her sons and accordingly they started tuitions in her house bearing No.10-01- 194/1 located behind Sub-Station, Gandhinagar, Paloncha Town and Mandal. While the tuitions were going on, Accused No.1 became the friend of the 2nd respondent/de facto complainant and made her to speak over his mobile phone with the petitioner/A-3, who is her childhood friend. Accused No.1 used to contact the petitioner/ A-3 through his mobile phone and made the 2nd respondent/de facto complainant to chat with him and he used to record the chatting/conversation in his mobile without her knowledge. About three months back, Accused No.1 informed the 2nd respondent/de facto complainant that she had spoken with the petitioner/A-3 in an illegal manner and he would reveal the same to her husband and also threatened to ruin her marital life and that he had taken the blank promissory notes and house property documents of her husband from the almirah and also taken the motor cycle and two tulas of gold. The 2nd respondent/de facto complainant was blackmailed dishonestly by Accused Nos.1 to 4. Accused No.1, in collusion with Accused Nos.2 to 4, got prepared false promissory note through Accused No.2 and foisted a false suit for recovery of money at Khammam and got attachment of the property of her husband. When the same was questioned by her husband, the 2nd respondent/de facto complainant narrated the above blackmailing and cruel criminal acts of the accused to her husband and relatives. Accused Nos.1 to 4, with a common criminal intention in order to cheat her, also made her to obtain insurance policies up to Rs.10.00 lakhs in the process of threatening to kill her husband and her chastity could be exposed so as to ruin her marital life. Thus, Accused No.1, who retained the cell phone recorded conversation, has threatened the 2nd respondent/de facto complainant to fulfill his sexual desire and also the petitioner/A-3 and that they outraged her modesty by putting her in fear and to ruin her marital life.

(3.) Heard the learned Counsel for the petitioner/A-3, learned Additional Public Prosecutor for the 1st respondent-State, learned Counsel for the 2nd respondent/de facto complainant and perused the record.