Pudari Sarvesh v. The State Of Telangana
[ 3183 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
TUESDAY ,THE TWELFTH DAY OF ]ANUARY TWO THOUSAND AND TWENTY ONE !PRESENT:
THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY CRIMINAL PETITION NO: 166 OF 2O2I Between:
1. Pudari Sarvesh, S/o. Lingalah,
2. Koyyala Devender, S/o Rajaiah, 3, Eeda Rani, Wo Mahesh, ,.. Petitioner/Accused Nos, 1 to 3 AND The State of Telangana, , through S,H.O., Godavarikhani I Town Police Station, Peddapalli District, rep. by its Public Prosecutor, High Court, Hyderabad ... Respondent/ Com pla ina nt Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to enlarge the petitioners herein on bail in the event, their arrest in connection with FIR 509 of 2020 on the file oF the Godavarikhani-I Town P.S., Peddapaili District;
The petitlon coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of SRI N HARI PRASAD Advocate for the Petitioner, and of PUBLIC PROSECUTOR, for the Respondent, the Court made the following.
ORDER:
r
THE HO,}I'BLE SRI JUSTICE B,VIJAYSEN REDDI ()RIMINAL PETITION No 166 of 2O2l ORDER:
The petitioners herein, who are accused Nos.1 to 3 rn Crime No.509 of 2O2O ol Godavarikhani I Town Police Station, registered for the offence punishable under Section 306 read with Section 34 IPC, filed this Criminal Petition under Section 438 Cr.P.C, seeking anticipatory bai1.
Accused No.3 is the wife of the deceased. Accused No.1 is the former employer of the deceased and accused No.2 is the friend of accused No.1. Even as per the admitted contents of the report l lodged by the sister of the deceased, since about one and a half \.
year back accused No.3 left the company of the deceased along with her children. It is alleged that on 13.12.2020 while the deceased was going to his house, accused Nos.1 and 2 picked up a quarrel u'ith the ,ieceased. The deceased asked accused No.1 as to why he has taken his u,ife (accused No.3) and accused No.1 replied that he u,ould keep accused No.3 as his mistress and beat the deceased. Thus, it is alleged that there was abetment for the deceased to commit suicide.
The allegations are very vague and even taken on the face value, they do not amount to abetment of suicide. There is no mention in the rr:port as to when and at what place the accused Nos. 1 and 2 intercepted the deceased. Keeping in view :he fact that accused No.3 had been living separately with the deceased for the past more than one and a half year, this Court is inciined to granted anticipatory bail to the petitioners / accused Nos.1 to 3.
I In the result, the Criminal Petition is allowed. The petitioners/ accused Nos. 1 to 3 sha1l be released on bail, in the event of their arrest in Crime No.509 of 2O2O of Godavarikhani I Town Police Station, on their executing a bond for Rs. 10,000/ - (Rupees ten thousand only) each rvith two sureties for the like sum each to the satisfaction ol arresting Police officials, and with a condition that they shall make themselves available for interrogation as and when required by the concerned Police and they sha11 report in the concerned police station on every Sunday between 10:00 am and 12:00 noon until the charge sheet is fi1ed. As a sequel, miscellaneous petitions, if any, pending in this Criminal Petition shal1 stand closed.
sD/. T.KRISHNA KUMAR ASSISTANT RIiGISTITAI{ / IrRUE coPY I / SE N OFFICER To,
1. The I Addl. Judicial Magistrate of First Class, Godavarikhani
2. The VI Addl. Sessions Jduge, Godavarikhani
3. The S.H.O., Godavarikhani I Town Police Station, Peddapalli District
4. One CC to SRI. N HARI PRASAD Advocate IOPUC]
5. One CC to PUBLIC PROSECUTOR, High Court ofTelangana [OUT]
6. One spare copy
HIGH COURT BVR] DATEDILZ/OL/2O2r
ORDER
12 ut't2nzt \ \< CRLP.No.166 of 2O2l BAIL