Banoth Sakru, And 2 Others v. The State Of Telangana

THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.1009 of 2020 ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by the petitioners/accused Nos.2 to 4 seeking to grant anticipatory bail in the event of their arrest in Crime No.33 of 2020 on the file of Manuguru Police Station, B.Kothagudem District, registered for the offences punishable under Sections 498-A and 306 IPC.

2.

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

3.

The brief facts of the case as per the complaint are that 14 years back, the de facto complainant performed the marriage of her elder daughter with accused No.1; that accused No.1 and his parents and sister used to harass her daughter; and that on 31.01.2020, at 2 am., the daughter of the de facto complainant committed suicide by hanging herself with a saree to a iron hook; and that later, the de facto complainant found that on the night of the said day, her son-in-law beat her daughter (deceased) and harassed her mentally and as such, she committed suicide.

4.

Learned counsel for the petitioner submitted that the allegations made against the petitioners do not make out an offence under Section 306 IPC; that there are no allegations against the petitioners that they aided, instigated or performed any act to abet the deceased to commit

suicide; that only vague allegation is made against the petitioners; and that accused Nos.2 and 3 do not reside with accused No.1. Learned counsel further submitted that the petitioners are ready to abide by any conditions that may be imposed by this Court in the event of their enlargement on anticipatory bail.

5.

Learned Additional Public Prosecutor vehemently opposed to grant anticipatory bail to the petitioners.

6.

As seen from the contents of the F.I.R., there are specific allegations against the petitioners that they used to harass the deceased mentally for which the deceased committed suicide. The role of the present petitioners in the aforesaid crime is more or less same as that of accused No.1 and hence, I am not inclined to release the petitioners on anticipatory bail.

7.

The Criminal Petition is accordingly dismissed. However, if the petitioners surrender before the Court concerned within a period of 15 days from the date of this order and move an application for bail, the Court concerned shall consider the same and pass appropriate orders on the same day in accordance with law, after giving due notice to the learned Public Prosecutor concerned.

8.

Miscellaneous applications, if any pending in this criminal petition, shall stand closed.

__________________ JUSTICE G.SRI DEVI 06th March, 2020 dr