Bathula Balamma And Another v. The State Of Telangana

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.2598 of 2022 ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by the petitioners/accused Nos.1 and 2, for grant of anticipatory bail in Crime No.09 of 2021 of Balmoor (M) Police Station, Nagarkurnool District, registered for the offences punishable under Sections 498A and 306 read with 34 of I.P.C.

2.

Heard the learned counsel for the petitioners/A.1 and A.2, learned Assistant Public Prosecutor, appearing for the respondent-State and perused the record.

3.

The petitioners are A.1 and A.2 in the subject crime. It is alleged in the complaint that the marriage of the deceased Bathula Indira with one Venkatesh, who is the son of the petitioners/A. 1 and A.2, was performed about 13 years ago. Since the date of marriage, the petitioners/A.1 and A.2 are harassing the deceased both physically and mentally. On 27.01.2022, the petitioners, abused and assaulted the deceased for plucking beans at their house. For which ill treatment, the

deceased consumed pesticide and while undergoing treatment she died.

4.

Learned counsel for the petitioners/A.1 and A.2 would submit that since the date of marriage of the deceased with the son of the petitioners, the petitioners are living separately. The husband of the deceased is not arrayed as an accused in this case. Further, it is not disputed by learned Assistant Public Prosecutor that the petitioners, who are parents of husband of the deceased are living separately since 13 years. 5.

In the said circumstances, considering the age of the petitioners and that the petitioners are living separately since 13 years, the prayer for anticipatory bail can be granted to the petitioners.

6.

The Criminal Petition is accordingly 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, Balmoor (M) Police Station, Nagarkurnool 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 a like sum each to his satisfaction. (ii) Further, the petitioners/A.1 and A.2 shall appear before the Investigating Officer on on third Sunday of every month between 10.00 am and 2.00 pm till completion of investigation and filing of final report. (iii) The petitioners/A.1 and A.2 shall abide by the other conditions stipulated in Section 438(2) Cr.P.C. Miscellaneous applications, if any pending in this criminal petition, shall stand closed.

__________________ K.SURENDER, J Date: 29.03.2022 YVL