Anthamgari Manemma v. The State Of Telangana
I
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERAB
[ 3158 ] MONDAY ,THE TWENTY SIXTH DAY OF APRIL TWO THOUSAND AND TWENTY ONE :PRESENT:
THE HONOURABLE JUSTICE G SRI DEVI CRIMINAL PETITION NO: 3031 OF 2021 ,'- Between:
1. Anthamgari Manemma, W/o Srisailam
2. Nama Shashinandan. S/o Manaiah Petitioners/Accused No.1 & 2 AND The State of Telangana, rep. by its Public Prosecutor High Court of judicature At Hyderabad.
RespondenUComplainant 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 direct S.H.O, P.S. Pulkal, Sangareddy District to release the petitioners on bail in the event of their arrest in Crime No.39 of 2021 daled 1710312021 for the offences U/s 306 r/w 34 LP.C registered by Police, P.S. Pulkal, Sangareddy District on such terms and conditions;
The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of SRI N MANOHAR Advocate for the Petitioners and ASSISTANT PUBLIC PROSECUTOR for the Respondent, the Court made the following.
ORDER:
HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION NO.3O31 OF 2021 ORDER:
This Criminal Petition, under Section 438 of the Code of / Criminal Procedure, 1973 (Cr.P.C.), is fi1ed by the petitioners/A- 1 and A-2, for grant of anticipatory bail in Crime No.39 of 2027 of P.S. Pulkal, Sangareddy -District, registered for the offences punishable under Section 306 read with Section 34 of the Indian Penal Code.
Heard the learned counsel for the petitioners/A-1 and A-2, the learned Assistant Public Prosecutor representing the respondent-State and perused the record.
In the FIR, it is inter alia stated that the de facto complainant lodged a complaint stating that his elder son Mangali Jaganath while working as Panchayat Secretary, Meenapur Village, though was not getting salary, used his own money for village development works and the village Sarpanch and ward members did not cooperate and harassed him for money and when the complainant and his wife returned home on 17.O3.2O21 at 4.00 pm, they found their son Jaganath died by lying to the roof bean with a sari. Hence, the complaint.
Learned counsel for the petitioners/A-1 and A-2 would submit that the petitioners are innocent persons and never committed any offence as alleged by the respondent-police. It is further submitted that the petitioners are law-abiding citizens and have nothing to do with the alleged offence. Further, they are ready to give sufficient sureties to the satisfaction of this Court to secure their presence on each and every date of hearing to face the
trial and also ready to abide by the terms and conditions if any that may be imposed by this Court for their release. Hence, he prayed to grant anticipatory bail to the petitioners/A- 1 and A-2. Learned . Assistant Public Prosecutor opposed the anticipatory bail application of the petitioners/A- 1 and A-2 but conceded to the fact that the petitioners' names have not been mentioned in the FIR.
Having regard to the facts and circumstances and looking into the nature of allegations levelled against the petitioners/A- I and A-2 and even in the suicide note, there are absolutely no allegations whatsoever against the petitioner, without delving into the merits of the matter, I am inclined to grant anticipatory bail to the petitioner on some conditions.
Accordingly, the Criminal Petition is allowed and the petitioners/A- 1 and A-2 are granted anticipatory bail subject to the following terms and conditions:- (i) The Petitioners/A-1 and A-2 are directed to surrender before the Station House Officer, Pulkal Police Station, Sangareddy District, within a period of 15 days from the date of this order and on such surrender, the said Station House Officer shall release the petitioners/A- 1 and A-2 on bail on their executing a personal bond to the tune of Rs. 15,000/ - (Rupees fifteen thousand only) each with two sureties for the like sum each to his satisfaction; and
(ii) On such release, the petitioners/A-l and A-2 shall abide by the conditions stipulated under Section a38(2) Cr.P.C.
Miscellaneous applications, if any, pending shall stand closed.
I sol'
\ SECT FICER IITRUE COPY/I To, iI[:YJ#:I,',,$'i::3'T:;i:[:*"^'""#i"5"n'0"'
i : ::T::: ::':::'
i ff#$l 5$$p5#n{trsi*
7. One spare coPY
HIGH COURT GSDJ DATED: 26.O4.2O2L
ORDER
s..) ,a/ CRLP. NO: 3031 of 2O21 CRIMINAL PETITION IS ALLOWED