Sk. Subani v. The State Of Telangana

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No. 158 of 2024 ORDER:

This Criminal Petition is filed under Section 438 of Cr.P.C. by the petitioner/Accused No.4 seeking bail in the event of her arrest in connection with Crime No.137 of 2023 of Athmakur Police Station, Suryapet District, registered for the offences punishable under Sections 306 r/w 34 of Indian Penal Code (for short 'IPC'). 2.

Heard learned counsel for the petitioner and learned Public Prosecutor for the respondent-State and perused the record.

3.

A complaint was filed on 18.09.2023 by the mother of the deceased. Accused No.1 was following the deceased and used to talk with her on phone. The phone communication was recorded and accused No.1 started threatening her that he would disclose communication with the husband of the deceased. Accused No.1 took the deceased on his bike to the house

of accused No.3 and this petitioner is the mother of accused No.3. In the house, accused Nos.1 to 3 have taken photographs and videos of deceased.

Thereafter, she was threatened that the said photographs and videos in which the deceased was with accused No.1 would be sent to the husband of the deceased. Vexed with the harassment of accused Nos.1 to 3, she committed suicide.

4.

Learned counsel for the petitioner would submit that the petitioner is the mother of accused No.3 and she has nothing to do with the alleged acts of accused Nos.1 to 3 either blackmailing the deceased or threatening her. 5.

Reading of the complaint would go to show that the suicide was a consequence of accused Nos.1 to 3 threatening the deceased to send the photographs and videos that were available with accused No.1 to the husband of the deceased. There is no allegation whatsoever against this petitioner regarding any kind of communication with the deceased.

6.

Keeping in view the above, this Court, deems it appropriate to grant relief of anticipatory bail subject to the following conditions:-

1) The petitioner/Accused No.4 is directed to surrender before the Station House Officer, Athmakur Police Station, Suryapet District on 17.01.2024. Upon such surrender, the said Station House Officer shall release petitioner/Accused No.4 on bail, on her executing a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties for a like sum each to his satisfaction.

2) On such release, the petitioner/Accused No.4 shall appear before the concerned police as and when required for the purpose of investigation.

3) The petitioner/Accused No.4 shall abide by the other conditions stipulated in Section 438(2) of Cr.P.C and shall co-operate with Investigating Officer in investigating the case.

5.

Accordingly, this Criminal Petition is allowed. Miscellaneous applications, if any pending in this criminal petition, shall stand closed.

___________________ K.SURENDER, J Date : 08.01.2024 dsv/ds