MEMORANDUM OF CRIMINAL PETITION

(UNDER SECTION 438 OF Cr.P.C.)

IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD

CRLP No. of 2019

In
Crime No: 136 of 2019
(On the file of II Town Police Station, Adilabad.)

Between:
Md Jalaluddin Anwar
S/o Md Wahabuddin, Age 47 years,
Occ: Police Constable, H. No: 2-2-390/4,
Ambedkar Nagar Adilabad Adilabad District
Petitioner/Accused

And

The State of Telangana,

Rep. by its Public Prosecutor High Court
On behalf of II Town Police Station, Adilabad.
Respondent/Complainant

The address for service of all summonses, notices and processes etc. upon the
above named Petitioner is that of his Counsel M/s IMMANENI RAMA RAO
[8858], ASADULLAH SHAREEF (5731), MOHD OMERULLA SHAREEF
(13501), & MD HIDAYATHULLA SHAREEF Advocates, having office at 16-7-383
& 383/1, Azampura, Chaderghat, Hyderabad – 24.

1. The II Town Police Station Adilabad has registered the case

against petitioner herein in FIR No: 136 of 2019 alleging to have
committed the offences under Sections 306, 506 IPC.

2. It is submitted that it is the third Anticipatory Bail Application

with the following changed circumstances;

a. That the police completed the investigation and going to file

final report.

b. That, the arresting and detention of the petitioner is not

required in the present case.
c. That, the petitioner herein is law abiding citizen, government
employee, there is no chance from escaping from investigation.

d. That, the petitioner herein is the law abiding citizen and ready
to face the trial to prove his innocence as such the question of
tampering the evidence does not arise.

e. That, the petitioner herein is having own house in Adilabad

Town and belongs to respectable family.

f. That, the petitioner herein is not involved or convicted in any

case even in a petty case also.

g. That, the present case is the counter blast case of the FIR No:
147 of 2019 of I Town Police Station Adilabad in which the
petitioner is the complainant.

h. That, the petitioner herein have filed the W.P. No: 25325 of
2019 before this Hon’ble Court for fair investigation to come to
know that the suicide is suicide or murder by the defacto-
complainant.

i. That, there is no prim facie in the case. The facts of the FIR
and complaint does not shwoing any prima facie.

3. It is submitted that the police investigated the case and found

that there is no evidence and the matter is pending for submitting
the final report before the concerned Magistrate at Adilabad. Only
this Hon’ble Court has the discretionary power to release the
petitioner herein on bail in the event of his arrest. The first bail
application Crl. MP No: 923 of 2019 have been dismissed on 5-8-
2019. The second Anticipatory Bail Application has been dismissed
on 26-12-2019.
4. It is submitted that the false case complaint submitted by the
defacto-complainant that his Uncles, son engagement was fixed
with the daughter of Anwar PC 415, due to some family disputes,
said Anwar PC saying that, he is Police, nobody can do him
anything and filed a case against the my (09) family members and
they were lodged in jail. Due to which my father disgusted over his
life thinking that their family reputation spoiled and consumed
pesticide poison. He was admitted in RIMS Hospital Adilabad and
while undergoing treatment his father died on 26-07-2019. Said
Anwar PC also threatening with dire consequences to kill and they
are having life threat with the said Anwar. I requested for necessary
action.

5. The petitioner herein humbly submits that he is innocent of

the alleged offence and a false case has been registered by the
police against him, at the instance of the defacto complainant. The
petitioner is in no way concerned with the alleged offence.
Straightaway it is a counter case against the Crime No: 147 of 2019
of I Town Police Station, Adilabad, (dowry case).

6. It is submitted that simply the police registered the case

against the petitioner herein only due to the protest raised by the
lorry association before the police station and due to the political
influence by the defacto-complainant, the case is registered.

7. It is submitted that the police is trying to arrest the petitioner.

If the petitioner is arrested, he will lose his 30 years of service.
Further the petitioner herein have filed the Writ Petition No: 25325
of 2019 for fair investigation either the suicide is actual suicide or
the son of the deceased killed him for the purpose of property. The
patient was on bed, the question arises that, who provided the
poison. The police investigated and found that it is a false case but
unable to close it.
8. It is submitted that the complaint filed by the defacto-
complainant is on all the basis of all false, concocted and frivolous
grounds. The allegations raised by the defacto-complainant against
the petitioner herein are vague and omnibus allegations. Further
the allegations are not having any prima facie.

9. The case of the prosecution is that the petitioner have abetted

the deceased to commit suicide, but in this regard the petitioner
relied on the law laid down by the Hon’ble Supreme Court in the
case of Gangula Mohan Reddy Vs. State of Andhra Pradesh on 5
January, 2010 reported in 2010 (0) SCJ Online (SC) 1138 in which
the Hon’ble Supreme Court passed the order as follows:

“20. Abetment involves a mental process of instigating a

person or intentionally aiding a person in doing of a thing.
Without a positive act on the part of the accused to instigate
or aid in committing suicide, conviction cannot be sustained.

21. The intention of the Legislature and the ratio of the cases
decided by this court is clear that in order to convict a person
under section 306 IPC there has to be a clear mens rea to
commit the offence. It also requires an active act or direct act
which led the deceased to commit suicide seeing no option
and this act must have been intended to push the deceased
into such a position that he committed suicide.

22. In the light of the provisions of law and the settled legal
positions crystallized by a series of judgments of this Court,
the conviction of the appellant cannot be sustained.
Consequently, the appeal filed by the appellant is allowed and
disposed of.

23. During the pendency of the appeal, the appellant was

released on bail. He is not required to surrender. His bail bond
is cancelled and he is set at liberty forthwith, if not required
in any other case.

24. Consequently, the appeal filed by the appellant is

allowed.”

10. Further in so far as concerned as per the law laid down by the
Hon’ble High Court of Panjab and Haryana in the case of the A.R.
Madhav Rao and others Vs. State of Haryana and others, the
Hon’ble Court observed as follows:

“For the wrong decision taken by a coward, fool, idiot, a man

of weak mentality, a man of frail mentality, another person
cannot be blamed as having abetted his committing suicide.”

11. It is submitted that this Hon’ble Court has already dismissed

the anticipatory bail as the petitioner has no right file anticipatory
bail in the district court and suffering to get the relief. After that the
petitioner herein filed the CRLP No: 5541 of 2019 04-09-2019, the
same was dismissed. Later on the petitioner herein filed the petition
for being mention and seek permission to withdraw the same and
this Hon’ble High Court has been pleased to permit the petitioner to
withdraw the same.

12. It is submitted that the petitioner is ready to abide any

condition and ready to cooperate with the investigation officer and
ready to appear before the investigation officer whenever called on
his releasing on bail. Moreover the petitioner is a Police Constable
and working in the same zone, the question of absconding does not
arise.

13. It is further submitted that the petitioner herein deserves the

bail as per the law laid down by the Hon’ble High Court of
Karnataka at Bengaluru in Criminal Petition No: 7001 of 2019 in
the case of Noushad Ahmed Vs. State Cantonment Railway. The
Hon’ble Court has been pleased to given the conditions for bail as
follows:

ORDER
The petition is allowed. Consequently, the petitioner
shall be released on bail in the event of his arrest in
connection with Crime No: 60/2019 of Cantonment Police
Station, Bengaluru subject to the following conditions: -

i) The Petitioner (A3) shall surrender himself before the

Investigation Officer within Ten days from the date of receipt
of a certified copy of this order and shall execute personal
bond for a sum of Rs. 50,000/- (Rupees Fifty Thousand only)
with one surety for the like-sum to the satisfaction of the
concerned Investigation Officer.

ii) The petitioner shall not indulge in hampering the

investigation or tampering the prosecution witnesses.

iii) The petitioner shall co-operate with the Investigation

Officer to complete the investigation, and he shall appear
before the Investigating Officer as and when called for.

iv) The petitioner shall not leave the jurisdiction of the

Investigation Officer without prior permission, till the charge
sheet is filed or for a period of three months whichever is
earlier.

v) The petitioner shall mark his attendance once in a week

i.e., on every Sunday between 10.00 am and 5.00 pm., before
the Investigation Officer for a period of two months or till the
charge sheet is filed, whichever is earlier.
 GROUNDS FOR BAIL
I. The petitioner is government employee in police department
itself, if he arrested he may lose his 30 years of service.

II. The question of tampering the evidence does not arise, as the
petitioner is employee and he always used to be present before the
higher police officials.

III. The petitioner is law abiding citizen and not involved or punish
in any case.

IV. The petitioner falsely implicated in the present case due to the
influence by the defacto-complainant.

V. The plain reading of the complaint is not showing any prima

facie.

VI. The citations quoted by the petitioner herein in similar cases are
giving clear way to quash the proceedings. The petitioner herein is
asking for bail.

VII. The petitioner herein is only bread winner for his family.

VIII. The old age widow mother of the petitioner herein is depends on
the petitioner herein only. The mother of the petitioner herein is
suffering with old age ailments and her medical treatments are
going.

IX. Due to falsely implicating in the present case the higher

education of the children of the petitioner is badly effecting.
X. The entire family of the petitioner herein is suffering due to
falsely implication in the present case.

XI. If the bail is not granted the petitioner may lose his 30 years of
service. The higher and school education of the children of the
petitioner herein is effecting and they are at the edge to quit their
studies without completing their studies.

14. It is submitted that the petitioner herein is ready to obey the

condition imposed by this Hon’ble Court if any.

15. It is submitted that the petitioner herein is ready to give

sufficient surety for the satisfaction of the investigation officer or
the Hon’ble Court.

16. It is submitted that the petitioner is ready to appear before the

investigation officer whenever called.

17. It is submitted that the petitioner herein is having his own

house in Adilabad District and the question of absconding does not
arise.

18. It is submitted that this is the third Anticipatory Bail

Application before this Hon’ble Court.

REMEDIES EXHAUSTED BY THE PETITIONER

It is submitted that the petitioner herein was approached the

Hon’ble District Judge by filing the Anticipatory Bail Application,
vide No: 923 of 2019 the same has been dismissed. Later the
petitioner herein filed the Anticipatory Bail Application before this
Hon’ble Court vide CRLP No: 4689 of 2019, the same has been
dismissed by the Hon’ble this Hon’ble Court on 05-08-2019.
Second Anticipatory Bail Application filed before this Hon’ble
Court vide CRLP No: 8257 of 2019 has been dismissed on 26-12-
2019. Further the petitioner herein have filed petition under
section 482 of Cr.P.C. with a prayer to quash the proceedings in
FIR No: 136 of 2019, this Hon’ble High Court has been pleased to
dispose the same with a direction to surrender before the
Magistrate concerned within 15 days from the date of order.
Aggrieved by the same the petitioner herein filed the petition as
FOR BEING MENTION, while arguments the petitioner herein
sought permission to withdraw the CRLP No: 5541 of 2019 and
the Hon’ble Court has granted the permission with a liberty to
exhaust the remedies provided under law on 05-11-2019. Further
the petitioner herein have filed the WP No: 1018 of 2020 before the
Hon’ble Division of this Hon’ble High Court challenging the
constitution validity of section 154 of Cr.P.C. and the same has
been dismissed on the point of jurisdiction.

Therefore, it is prayed that this Hon’ble Court may be pleased

to direct the Station House Officer, II Town Police Station, Adilabad,
to release the petitioner/accused herein on bail in the event of his
arrest in connection with Cr. No. 136 of 2019 of II Town Police
Station Adilabad and to pass such other further order or orders this
Hon’ble Court may deem fit and proper in the interest of justice and
in the interest of justice.

Dated: 25-01-2020
Hyderabad. Counsel for the Petitioner

Note:
I. Bail for the satisfaction of the Hon’ble Judicial First Class
Magistrate Adilabad.

II. Bail for the satisfaction of the Station House Officer II Town
Police Station Adilabad.
 ADILABAD DISTRICT

IN THE HIGH COURT FOR THE STATE

OF TELANGANA AT HYDERABAD

CRLP No. of 2020

In
Crime No: 136 of 2019
(On the file of the II Town Police
Station Adilabad)

3rd ANTICIPATORY BAIL APPLICATION

Filed on : 25-01-2020

Filed by

M/s
IMMANENI RAMA RAO [8858]
ASADULLA SHAREEF [5731],
MD OMERULLAH SHAREEF [13501]
& MD HIDAYATHULLA SHAREEF
ADVOCATES

COUNSEL FOR THE PETITIONERS

16-7-383 & 383/1, Azampura,

Chaderghat, Hyderabad.
Cell No: 9391081322
 ADILABAD DISTRICT

HIGH COURT

CRLP No. of 2020

In
Crime No: 136 of 2019
(On the file of II Town Police Station
Adilabad)

By:
IMMANENI RAMA RAO [8858]
ASADULLA SHAREEF (5731) &
MOHD OMERULLAH SHAREEF
(13501) & MD HIDAYATHULLAH
SHAREEF
ADVOCATES

MEMORANDUM OF CRIMINAL
PETITION
NATURE OF APPLICATION
(Under Sec. 438 of Cr.P.C.)

……. prayed that this Hon’ble Court

may be pleased to direct the Station
House Officer, II Town Police Station,
Adilabad, to release the
petitioner/accused herein on bail in
the event of his arrest in connection
with Cr. No. 136 of 2019 of II Town
Police Station Adilabad and to pass
such other further order or orders this
Hon’ble Court may deem fit and proper
in the interest of justice and in the
interest of justice.