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High Court for State of TelanganaCRLP/3892/2024allowed no costs

Esam Devendra @ Mandala Jayamma v. The State Of Telangana

2024-04-16G.Radha Rani3 pages

THE HONOURABLE DR.JUSTICE G.RADHA RANI CRIMINAL PETITION No.3892 OF 2024 O R D E R:

This Petition is filed by the petitioners-accused Nos.2 and 3 under Section 438 of Cr.P.C. for grant of anticipatory bail in connection with Crime No.106 of 2024 on the file of Bhongir Town Police Station, YadadriBhongir District, registered for the offences under Sections 306 and 420 of IPC.

2.

The case of the prosecution in brief was that on 31.03.2024 at 22.00 hours, the de-facto complainant, the mother of the deceased came to police station and lodged a report stating that one person by name Mandala Sravan (A1) was harassing her daughter Pavani for the past one year through phone calls, messages and WhatsApp video calls and told her that he would marry her and took her daughter to temples, cinemas, etc. and when her daughter asked him for marriage, he refused to marry her and stated that his family members would not accept the said marriage. Due to severe depression, her daughter committed suicide. Basing on the said report, the above crime was registered against A1 to A3 for the above offences.

Dr.GRR,J Crlp_3892_2024 3.

Heard the learned counsel for the petitioners-accused Nos.2 and 3 and the learned Assistant Public Prosecutor representing respondent-State. 4.

The learned counsel for the petitioners submitted that the petitioner No.1/A2 was the mother of A1 and the petitioner No.2/A3 was the brother of A1. Petitioner No.1 was a government employee working in Panchayath Raj Department and petitioner No.2 was a Civil Contractor, having his own family. He was also having a child of three years old. The petitioners never had any acquaintance with the deceased nor with the complainant. There were no dialogues that took place between the two families with regard to the relationship between A1 and the deceased. The petitioners never abetted or cheated the deceased to commit suicide and prayed for grant of anticipatory bail to the petitioners. 5.

The learned Assistant Public Prosecutor opposed grant of anticipatory bail to the petitioners.

6.

Perused the record and the contents of the complaint. As per the contents of the complaint, there is no role of the petitioners herein that they have abetted or instigated the deceased to commit suicide nor cheated the complainant or the deceased in any manner to attract the offences registered against them, it is considered fit to enlarge the petitioners on anticipatory

Dr.GRR,J Crlp_3892_2024 bail on certain conditions.

7.

Accordingly, the Criminal Petition is allowed and the petitioners -accused Nos.2 & 3 shall be released on anticipatory bail subject to the following conditions:

1) The petitioners-Accused Nos.2 & 3 are directed to surrender before the Station House Officer, Bhongir Town Police Station, Yadadri-Bhongir 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 on bail, on their executing a personal bond for a sum of 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.

2) The petitioners-Accused Nos.2 & 3 shall abide by the conditions stipulated under Section 438(2) of Cr.P.C..

Miscellaneous applications, pending if any, shall stand closed. _____________________ Dr. G.RADHA RANI, J April 16, 2024 SS