Neerudi Laxmi And Another v. State Of Telangana

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION No.1030 of 2022

ORDER

This petition is filed under Section 438 of the Code of Criminal Procedure, 1973, seeking bail to the petitioners/A.1 and A.3 in the event of their arrest in connection with Crime No.613 of 2021 of Patancheru Police Station, Sangareddy District, registered for the offence punishable under Section 306 IPC.

2.

The case of prosecution is that on 07.11.2021 at 11.30 hours, the defacto complainant lodged a complaint stating that he along with his mother Anitha and his father Narsingh Rao was residing at Chaitanya Nagar Colony, Patancheru, where the accused came there and abused his mother in filthy language that she did not follow the customs when his grandmother died recently, then his mother disgusted on her life and pored turpentine oil herself and lit fire, due to which his mother sustained 70% burn injuries. 3.

Learned Counsel for the petitioner Mr.P. Sriharinath, submits that A2, A4 to A6 were already enlarged on regular bail by the Court below. He submits that even if all the allegations are taken on its face value, they do not attract the offence under Section 306 IPC as the petitioners have asked the deceased to follow the rituals, it does not amount to instigation or abetment to commit suicide and hence, their case may be considered for grant of prearrest bail. 4.

On the other hand, learned Assistant Public Prosecutor submits that the investigation is pending and so far, 5 witnesses were examined and in view of the allegations leveled against the petitioners, they are not entitled for pre-arrest bail.

5.

Taking into consideration the allegations in the complaint, wherein it is stated that the petitioners have quarreled with the deceased that she was not

following certain rituals, which prima facie do not attract the ingredients of Section 306 IPC. Hence, this Court deems it appropriate to grant pre-arrest bail to the petitioners/A1 and A3.

6.

Accordingly, this Criminal Petition is allowed. Petitioners/A.1 and A.3 shall surrender before the Station House Officer, Patancheru Police Station, Sangareddy District, in connection with Crime No.613 of 2021 within one week from today and on such surrender and executing personal bonds for Rs.20,000/- (Rupees twenty thousand only) each with two sureties for a like sum each to the satisfaction of the said Station House Officer, they shall be released on bail. It is made clear that no further extension of time will be granted.

________________________ LALITHA KANNEGANTI, J 10th February, 2022 sj

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION No.954 of 2022 Date:10.02.2022 sj