Likki Shiva Reddy v. The State Of Telangana
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD TUESDAY,THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY :PRESENT:
THE HONOURABLE JUSTICE G SRI DEVI CRIMINAL PETITION NO: 1247 OF 2020 Between:
Likki Shiva Reddy, S/o. Malla Reddy Petitioner/Accused No.5 in Crime No 198/2020 AND The State of Telangana, through Public Prosecutor, The High Court for the State of Telangana at Hyderabad.
Respon d en t/Co m pl aina nt Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioner on bail in the event of his arrest in connection with the Crime No.198 of 2020 of Police Station LB Nagar (law and Order), Rachakonda -'--'
Comr-nissionerate, Ranga Reddy District for the alleged offences under'section 306 of IPC, on such terms and conditions as may be imposed by the Honble Court The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of S LAKSHMI KANTH Advocate for the Petitioner, THE PUBLIC PROSECUTOR (TG) for the Respondent and the Court made the followins _---o'
ORDBR
THE HONOURABLE JUSTICE G. SRI DEVI CRIIVINAL PETITION No.1247 of 2020 ORDER:
This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by the petitioner/accused No.5 seeking to grant anticipatory bail in the event of his arrest in Cdme No.198 of 2O2O on the file of L.B.Nagar Law & Order Police Station, Rachakonda District, registered for the offence punishable under Section 306 lPC.
2. Heard learned counsel for the petitioner, learned Additional Public Prosecutor appearing for the respondentState and perused the record.
3. The brief facts of the case as per the complaint are that the de facto complainant married the deceased and was blessed with two sons before the deceased established Vaishnavi Hospital; that the building owner-accused No.1 harassed the deceased mentally to vacate the hospital and filed a case by using his henchmen accused No.2, 5, 6 and 7, due to which the deceased has been facing problem; and that on 04.02.2020, the deceased was found to have committed suicide by hanging to the ceiling fan with nylon thread and the same was informed to the de facto complainant; and that in the dairy found on the bed, the deceased has written that accused Nos.1 to 7 were responsible for his death. lt is the further case that accused No.1 gave slab building to the husband of the de facto
t complainant, the deceased, and promised him that he will complete the building for which he had taken an amount of Rs.10 lakhs and completed the building using the said amount; that accused No.7 went to Goa and lost his money and at that time the deceased gave money to him and saved him but accused No.7 harassed the deceased economically and mentally and it is written in the dairy of the deceased as "NA USURU NEEKU THAGULU THUNDI'. Hence, the complaint. 4.
Learned counsel for the petitioner submitted that the petitioner is arrayed as accused No.5 and he is a stranger to the family of the deceased; that he is only a neighbour to the building in which the hospital is being run; that he has nothing to do with the suicide of the deceased; that he is not having any interest in the hospital or in the building; and that he is a law abiding citizen and is ready to abide by any conditions that may be imposed by this Court in the event of his enlargement on anticipatory bail.
5. Learned Additional Public Prosecutor vehemently opposed to grant anticipatory bail to the petitioner.
6. As seen from the contents of the F.l.R. and suicide note of the deceased the only allegation levelled against the petitioner is that he along with other six persons was responsible for the death of the deceased and apart from this, there are no allegations whatsoever against the petitioner as to
/\ why and in what way he has mentally or in any manner harassed the deceased
7. Thus, looking into the nature of allegatlons levelled against the petitioner and the facts and circumstances of the case, without delving into the merits of the case, I am inclined to grant anticipatory bail to the petitioner.
8.
The Criminal Petition is accordingly allowed subject to the following conditions:
(1) that the petitioner is directed to surrender before the Station House Officer, L.B.Nagar Law & Order Police Station, Rachakonda District, within a period of 15 days from the date of this order. On such surrender, the said Station House Officer shall release the petitioner on bail on his executing a personal bond to the tune of Rs.15,0001 (Rupees Fifteen thousand only) with two sureties for the like amount each to his satisfaction.
(2) the petitioner shall appear before the lnvestigating Officer on every Saturday between 10 am and 2 pm till completion of the investigation and filing of the final report.
(3) the petitioner shall abide by the conditions stipulated in Section 438(2) Cr.P.C and co-
operate with the lnvestigating Officer in investigating the case.
8.
Miscellaneous applications, if any pending in this criminal petition, shall stand closed.
Sd/- ]\,{. MANJULA ,,.SSiSTANT TR;{,?
//TRUE COPYII 0/ FoT ASSISTANT REGISTRAR To, l. The II Metropolitan Magistrate at LB Nagar, Cyberabad
2. The Station House Officer, LB Nagar Police Station (L & O), Rachakonda
3. One CC to SRI. S LAKSHMI KANTH Advocate [OPUC]
4. Two CC's to Public Prosecutor, High Court for the S_@te of Telangana at Hyderabad (OUT)
5. One spare copy Avs
HIGH COURT GSDJ DATED:03/03/2020
ORDER
CRLP.No.1247 of 2020 "s \, $*-",.r1 ,'a,^ *.,52 BAIL