Goda Ojalu v. The State Of Telangana

THE HONOURABLE DR.JUSTICE G.RADHA RANI CRIMINAL PETITION No.1602 OF 2024 O R D E R:

This Criminal Petition is filed under Section 438 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking anticipatory bail to the petitioners/Accused Nos.1 to 3 in Crime No.12 of 2024 on the file of Station House Officer, Markook Police Station, Siddipet District, registered for the offence punishable under Section 306 r/w 34 of Indian Penal Code.

2.

The case of the prosecution in brief was that on 02.02.2024 at 9:00 p.m., the de facto complainant/mother of the deceased lodged a report stating that her son committed suicide by hanging to the ceiling fan in her house. Her son was having love affair with one Goda Kalpana. She was suspecting that her son might have committed suicide due to the harassment of the father and brothers of Goda Kalpana. Basing on the said report the above crime was registered. 3.

Heard learned counsel for the petitioners/Accused Nos.1 to 3 and learned Additional Public Prosecutor for the

respondent-State.

4.

Learned counsel for the petitioners submitted that the report prima-facie would not disclose any offence. The case was foisted only to harass the petitioners to defame and prayed to enlarge the petitioners on anticipatory bail. 5.

Learned Additional Public Prosecutor opposed grant of anticipatory bail to the petitioners stating that the matter need to be investigated.

6.

It was reported that no suicide note was left by the deceased person. The complaint was lodged basing on suspicion. As there are no prima-facie allegations in the report about abetment to commit suicide by the petitioners herein, it is considered fit to enlarge the petitioners on anticipatory bail.

7.

Accordingly, the Criminal Petition is allowed and the petitioners/accused Nos.1 to 3 shall be released on anticipatory bail subject to the following conditions: 1) The petitioners/accused Nos.1 to 3 are directed to surrender before the concerned

Station House Officer, Markook Police Station, Siddipet District, within a period of 15 days from the date of this order. On such surrender, the said Station House Officer shall release the petitioners/accused Nos.1 to 3 on bail, on their 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 the satisfaction of the said Station House Officer.

2) The petitioners/accused Nos.1 to 3 shall abide by the other conditions stipulated under Section 438(2) of Cr.P.C and shall co-operate with the Investigating Officer in investigation of the case.

8.

Miscellaneous applications, pending if any, shall stand closed.

_______________________ Dr. G.RADHA RANI, J Date: 14.02.2024 ds/dsv