Anindya Anticipatory Bail

 

IN THE COURT OF THE HON'BLE METROPOLITAN SESSIONS JUDGE :: AT:-NAMPALLY. Crl.M.P.NO. OF 2013 IN (CRIME NO.462 OF 2011) (P.S.CENTRAL CRIME STATION) BETWEEN:

 Anindya S/o.Nitai Biswas, Kanti Biswas,  Aged:33  Aged:3 3 yrs, Occ:-Privat Occ:-Private e Service, Service, R/o.Flat No.A-204, Amarapali Apartment, Vaishali Sector-4, Gaziabad, Uttar Pradesh. ...Petitioner/   Accused No.1.  A N D The State of A.P.Through, P.S.Central Crime Station, Hyderabad.    

...Respondent/ Complainant.

PETITION FILED UNDER SECTION 438 OF CRIMINAL PROCEDURE CODE OFFENCE UNDER SECTION 498(A), 406, 420, 107 & 377 I.P.C, Sec.4 & 6 of  D.P.ACT. Date of F.I.R:-2 :-23-1 -11 1-2011 011

Occu ccurren rence of Offen fence:P :Prrior to FIR.

May it please your Honour, 1.DESCRIPTION OF THE PETITIONER/ACCUSED NO.1:-

The address for service of all notices, summons and process on the above named petitioner/accus petitioner/accused ed no.1 is that of their counsel M/s.K.Anatha M/s.K.Anatha Reddy, Advocate, Advocate, O/o.H.No.17-1-391/T/190(201), Saraswathi Nagar, Saidabad, Hyderabad.59 1.

That That the the peti petiti tion oner er her herei ein n is arra arraye yed d as the the accu accuse sed d no.1 no.1 in Cri Crime me No.4 No.462 62/2 /201 011 1

under und er section 498(A), 498(A), 406, 406, 420, 420, 107 & 377 I.P.C, I.P.C, Sec.4 Sec.4 & 6 of D.P.ACT. D.P.ACT. of Central Central Crime Station Police station. station.   Facts of the Case:-

2.

The defacto complainant had filed a private complaint on the file of the Hon’ble

XIII Addl Chief Metropolitan Magistrate, Nampally, Hyderabad., against the petitioner  herein and other accused persons by alleging the above said offence. The Hon’ble Court was pleased to refer the matter to P.S.Central Crime Station, Hyderabad . The Police Central Crime Station after receipt of the forwarded complaint from the Hon’ble Cont…2

 

// 2 // Court, registered registered the case against against the petitioner & other accused accused for the offence under  section 498(A), 406, 420, 107 & 377 I.P.C, Sec.4 & 6 of D.P.ACT. 3.

The who hole le cru crux of the the com ompl pla ain intt is that that the the def efa acto comp compla lain ina ant marr rrie ied d to

petitioner/Accused No.1 (Anindya Biswas) on 12-12-2010 and that petitioner/ accused no.1 prior to marriage represented that he was working in a company-KPMG, in Dubai, as Assistant Manager in Strategy Consulting and earning Rs.3,00,000/- per month. Furth Fu rther er all alleg eged ed th that at pe petit tition ioner/ er/ac accus cused ed no no.1 .1 re repre prese sente nted d th that at he wa was s wo work rking ing as engagement manager, at Intellicap-a microfinance consulting firm at Hyderabad and earning Rs.1,00,000/- per month at the time of marriage. Further stated that during the engagement engagem ent & marriage ceremony the defacto complainant complainant parents altogether incurred Rs.17,00,000/- which included Rs.4,00,000/- for marriage function hall rent, 4,00,000/for food and beveragesw, Rs.3,00,000/- towards cloths and gifts, Rs.1,50,000/- towards Baraath Party transportation, Rs.1,50,000/- towards local cars rentals and Rs.3,00,000/towards tow ards misc miscella ellaneo neous us exp expend enditur iture. e. Fur Further ther sta stated ted afte afterr the marr marriage iage the defa defacto cto complainant complain ant resigned from from the job and accompanied accompanied petitioner/accus petitioner/accused ed no.1 to lead maritial life at his native place at Gaziabad, Uttar Pradesh. From there the defacto complainant and petitioner/accused no.1 went to Kolkata for 3 days and returned to Hyderabad Hyderab ad on 27th December 2010 and stayed at defacto complainant’s parents house at snehapuri colony, Taranaka, Secunderabad for 3 days and thereafter shifted to a rent re nted ed pr prem emis ises es at Ro Road ad No No.1 .12, 2, Ba Banj njar ara a Hil ills ls,, Hy Hyde dera raba bad d fr from om wh wher ere e th the e th

petition peti tioner/a er/accu ccused sed no.1 star started ted going to his job from 28   Decembe Decemberr 2010. Further  stated that the life of the defacto complainant became miserable from the day one due to the petitioner/accused no.1 sadistic mentality with violent temperament and inflicting on her both mental and physical cruelty. Further it is stated that petitioner/accused petitioner/accused no.1 on several occasions had forceful sex with the defacto complainant and voluntarily had carnal intercourse with the defacto complainant which is against the order of the nature. On 14-2-2011 petitioner/accused no.1 slapped the defacto complainant and inflicted fist blows. Petitioner/accused no.1 is a habitual drunkard and consumed alcohol at home late nights and assaulted the defacto complainant physically. It was also stated that it Cont…3

 

// 3 // was nightmare for the defacto complainant to lead marital life with her husband, since she was subjected to forceful unnatural sex and physica physicall torture almost daily. Further it is stated that the petitioner/accused daily abused the defacto complainant calling her  bitch and further stated that if married any other girl he would have got more than Rs.1,00,00,000/- as dowry. Further it is also alleged that on 28 th September 2011 the defacto complainant came ca me to kn know ow fr from om int intern ernet et si sites tes tha thatt th the e pe petit tition ioner/ er/ac accu cused sed no no.1 .1 is no nott a no norma rmall pers pe rson on,, bu butt a ga gay y an and d ho homo mose sexu xual al pe pers rson on.. On a we webs bsit ite e ca call lled ed RE REXH XHAM AMKE KER R petitioner/accused no.1 uploaded his photograph and posted a classified advertisement, where in he declared openly “I am a 25 year old man seeking men, 18-25”. In the marital mari tal stat status us colu column mn of that adv adverti ertiseme sement nt peti petition tioner/a er/accu ccused sed no. no.1 1 sta stated ted “Ne “Never  ver  Married”. In yet another classified, the petitioner/accused no.1 uploaded his profile on the internet as “:I am an Indian Massage therapist, working in Riyadh, Saudi Arabia. Have over 5 years of therapy experience in international 5 star hotel resorts.” I love travelling, travellin g, reading reading,, working out, playing, water/adventure water/adventure sports, love giving massage!”. Furt Fu rthe herr

stat st ated ed th that at in

anot an othe herr

soci so cial al ne netw twor orki king ng

webs we bsit itee-ma manj njam am.c .com om th the e

petitioner/accuse petition er/accused d uploade uploaded d his photogra photograph ph by declaring that he has adult interest like, body cont contact, act, exh exhibit ibitioni ionism, sm, kiss kissing, ing, Mass Massage age,, Mast Masturba urbation tion,, Ora Orall Sex Sex,, Und Underw erwear, ear, Voye Vo yeur urism ism,, Na Natur turism ism.. Fu Furth rther er it is als also o sta state ted d tha thatt du durin ring g th the e sta stay y of th the e de defac facto to complainant at her-in-laws house in ghaziabad they created insecure atmosphere and abused the defacto complainant in filthy language and forced her to work like a maid servant from dawn to dusk by giving all house hold works like cooking, food, washing cloths, cleaning the house etc., and when the defacto complainant committed any minor  mistakes in executing the household works, mother of the petitioner abused and taunted the defacto complainant by commenting that if her son married any other girl they would have got more than one crore rupees dowry. Like wise the defacto complainant made so many absurd, created & concocted allegations against the petitioner/accused no.1 in his complaint & filed the false complaint. 4.

It is submit submitte ted d that that the petit petition ioner/ er/acc accus used ed no.1 no.1 was was det detain ained ed by the the Immi Immigra gratio tion n Cont…4

 

// 4 //  Authority  Authorit y at IGI Airport, New Delhi being LOC as the petitioner/accuse petitioner/accused d no.1 was wanted in the present case on 7-8-2013. The Petitioner/accused no.1 moved application for grant of Transit Bail before the Hon’ble Court of SHRI SUDESH KUMAR, Learned  ACMM, Patiala House Courts, New Delhi on 7-8-2013 7-8-2013 and the Hon’ble Court was pl pleas eased ed to grant grant Tr Trans ansit it Bail Bail for for 15 days days on furni furnish shing ing pers person onal al bon bond d in sum of  Rs.50,000/- with one surety of the like amount, however subject to filing his appearance before concerned court in Hyderabad with in 15 days. The copy of the Order is enclosed herewith for Honour’s kind perusal. 5.

It is sub submi mitt tted ed tha thatt peti petiti tion oner er/a /acc ccus used ed no. no.1 1 for for no faul faultt of him him has has been been fals falsel ely y

implicated for the said alleged offence. The entire story cooked up in the complaint cryst cr ystal al cl clear ears s th that at the sa same me wa was s pre prepar pared ed wi with th a pre pre-no -notio tione ned d min mind d ag again ainst st th the e petitioner herein to fix in false case and to extract huge amounts from him. The defacto complainant in her complaint stated that she was shock & to know from internet sites abou ab outt th the e pe peti titi tion oner er/a /acc ccus used ed no no.1 .1,, th that at he no nott a no norm rmal al pe pers rson on,, bu butt a ga gay y an and d homosexual person. A clear perusal of the documents which were filed by the defacto complainant in support of her allegations crystal clears that the said documents were created for the purpose of foisting false complaint against the petitioner/accused no.1 and to defame him. It is ex-facie on the face of the record that those documents were post po sted ed on in inte tern rnet et on th the e sa said id si site tes s in th the e na name me of th the e pe peti titi tion oner er,, by de defa fact cto o complainant. complain ant. Having posted posted

such absurd absurd allegations allegations against the petitioner/ petitioner/accused accused

no.1 and now coming before the Hon’ble Court as if she is innocent and that her life was ruined and that the petitioner/accused no.1 to be prosecuted is unsustainable in the eye of law. 6.

That That the the pet petit itio ione ner/ r/ac accu cuse sed d no.1 no.1 humb humbly ly sub submi mits ts tha thatt he is is MBA MBA Gra Graud udat ate e and and

work wo rking ing in Gove Governm rnmen entt Fi Firm. rm. The The petit petitio ioner ner begs begs to submi submitt that that he hails hails from from a respectable family and had good reputation in their society. 7.

It is subm submit itte ted d that that the pet petit itio ione ners rs/a /acc ccus used ed no.1 no.1 & defa defact cto o compl complai aina nant nt neve never  r 

stayed with the other accused and there is no occasion for the other accused to come to Hyderabad, like wise the defacto complainant and the petitioner/accused no.1 never Cont…5

 

// 5 // stayed with the other accused herein. The defacto complainant and Petitioner/accused no.1 stayed at banajara hills as they both are working in MNC Companies and no point of time no such incidents took place as alleged by the defacto complainant and the allegations leveled against the petitioner in her complaint is totally false and the same is based base d on assumpt assumptions ions and presumpt presumptions ions.. The defacto defacto complain complainant ant fili filing ng the case against the petitioner one after the other and trying to settle the scores. The defacto co comp mpla lain inan antt file filed d Main Mainte tena nanc nce e Case Case agai agains nstt the the peti petiti tion oner er/a /acc ccus used ed no.1 no.1 vide vide M.C.No.301/2011 on the file of the Hon’ble Bomb Blast Court cum Family Judge and the same was dismissed by the Hon’ble Court as the defacto complainant failed to evince any interest in the said case. Like wise the defacto complainant filed Domestic Voilence Case against the petitioner & his family members on the file of the Hon’ble III M.M.Court at Erramanzil vide DVC.No.142/2012. The petitioner & other family members in obedience of the orders appearing and contesting the said case by denying the entire al alle lega gati tion ons s le leve vele led d by the the defa defact cto o co comp mpla lain inan antt in the the said said ca case se.. The The defa defact cto o complainant by hook or crook by filing this type of complaints, making several attempts to see that the petitioner should come for their terms and conditions. 8.

It is is sub submit mitted ted that that the the defa defacto cto compl complai aina nant nt made made so many many alle allega gatio tions ns and non of 

them substained by way of any iota of documentary evidence or by material substance. The defacto complainant some how the other trying to fix the petitioner in a false case. 9.

It may may not not be be out out of the the pla place ce to to say say that that the the all alleg egat atio ions ns mad made e in the the com compl plai aint nt

even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the petitioner. A plain reading of  the complaint filed by the defacto complainant crystal clears that no offence has been took place as alleged by the defacto complainant. The petitioner herein is simple made as scape goat in the present case with a malafied intention, with an ulterior motive and wreaking vengeance and with a view to spite him due to private and personal bore grudge. The petitioner petitioner is working in Government Government Firm and if this type of false complaint are entertained, he would loose his only source of livelihood. Equally if his innocence is proved in near future, the loss & damage sustained by the petitioner cannot be Cont…6

 

// 6 // compensated in any terms. The petitioner further submits that the whole story of the defacto complainant is totally false, unbelievable one. It is submitted to this Hon'ble Court except general and vague allegations, there is no specific over tactics attributed to the petitioner herein. 10.

It is submitt submitted ed that that the the petiti petitioner oner herein herein is ready ready and and willin willing g to furnish furnish the the surit surities ies

as may be directed by this Hon'ble Court or other terms and conditions imposed by this Hon'ble Court. 11.. 11

It is sub submi mitt tted ed in the the abov above e said said cas case e the the pros prosec ecut utio ion n has has comp comple lete ted d enti entire re

investi inv estigati gation on and recorded recorded the statements statements of the witness witness,, as such the question question of  tampering the witness and evidence does not arise. The petitioner undertakes to cooperate with the investigating agency. 12.. 12

It is submit submitted ted that that this this is the first first Antic Anticip ipato atory ry Bail Bail appli applica catio tion n filed filed befor before e this

Hon'ble Court on behalf of the petitioner/accused no.1. Further submitted that no other  similar application is pending before any other court of law including the Hon'ble High Court of A.P. It is therefore prayed under these circumstances, it is just and necessary in the int intere res st of justic tice, tha that this his Hon'b 'blle Cour ourt may may be plea leased to enlar arg ge the petit pe titio ioner ner/ac /accu cuse sed d no.1 no.1 on bail bail in the event event of their their arres arrestt in Crime Crime No.4 No.462 62/20 /2011 11 pending on the file of the Hon’ble XIII Addl Chief Metropolitan Magistrate, Nampally, Police Station Central Crime Station, Hyderabad, and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and in the interest of justice.

Place:Nampally. Date:8-8-2013

COUNSEL FOR THE PETITIONER/  ACCUSED NO.1. NO.1.

 

IN THE COURT OF THE HON'BLE METROPOLITAN SESSIONS JUDGE : AT:-NAMPALLY. Crl.M.P.NO. OF 2013 IN (CRIME NO.462 OF 2011) (P.S.CENTRAL CRIME STATION) BETWEEN:

 Anindya Biswas, Biswas, ...Petitioner/ Accused No.1.

   A N D

The State of A.P.Through, P.S.Central Crime Station, Hyderabad.   ...Respondent/   Complainant.

PETITION FILED UNDER SECTION 438 OF CRIMINAL PROCEDURE CODE OFFENCE UNDER SECTION 498(A), 406, 420, 107 & 377 I.P.C, Sec.4 & 6 of  D.P.ACT.

Filed on:-8.8.2013

Filed by:M/s.K.ANATHA REDDY ADVOCATE

 

 

 

O/o.H.No.17-1-391/T/190(201), Saraswathi Nagar, Saidabad, Hyderabad.59

COUNSE COU NSEL L FOR THE PET PETITI ITIONE ONER. R.

 

Date :-14-12-2013

To, The Deputy Commissioner of Police, Central Crime Station, Hyderabad.

Respected Sir,

I, Anindya Biswas, S/o.Nitai Kanti Biswas, Aged:33 yrs, Occ:-Private Service, R/o.Flat No.A-204, Amarapali Apartment, Vaishali Sector-4, Gaziabad, Uttar Pradesh., would like to bring the following information for your kind consideration. I submit that based on the complaint lodged by my wife Smt.Shweta Biswas, the Womens Police Station, Central Crime Station registered a Crime No.461/2011 under  section 498(A), 406, 420, 107 & 377 I.P.C, Sec.4 & 6 of D.P.ACT. against me and my parents and younger brother. I submit that based on the complaint lodged by the police, your good office also issued look out notice against me. While I was travelling from Doha, Qatar on 7-8-2013, I was detained at IGI Airport, New Delhi, saying that there was Look Out Notice issued against me. Subsequently I moved the Delhi Court and the Hon’ble Court was pleased to grant Transit Bail and also directed to deposit the Original Pass Port. As per the orders of the Delhi court I deposited the Pass Port and also complied the orders of the Delhi Court, I moved the application application at Metropolitan Metropolitan sessions Judge Judge Court, Nampa Nampally lly for seeking grant of Anticipatory Bail. The Hon’ble Court was pleased to dismiss the said application upon which I moved the application before the Hon’ble High Court of   A.P. Vide Crl.P.No.1 Crl.P.No.10692/20 0692/2013 13 for grant of of Anticipatory Anticipatory Bail Application Application and and the Hon’ble Hon’ble High Court of A.P. was pleased to allow the said application by granting bail. While granting gran ting the Anticip Anticipato atory ry Bail the Hon’ble Hon’ble High Court of A.P. has not imposed imposed any conditions. As per the orders of the Hon’ble High Court of A.P. I complied the conditions imposed therein. I submit that I am working as Strategy Manager in Govt Entity at Doha, Qatar, and the said Look out notice is coming in my way to attend the employment and there fore request your good office to recall the said Look Out Notice issued against me in the interest of justice and also release the seized pass port which is lying with the Regional Pass Office. I would be highly obliged for your kind co-operation in this regard and necessary favourable orders from this good office.

Thanking you, Your’s Faithfully (Anindya Biswas)