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High Court for State of TelanganaCRLP/2767/2019allowed no costs

Vangala Bala Krishna v. The State Of Telangana State

2019-06-04G Sri Devi5 pages

A1 E o q z HIGH COURT FOR THE STATE OF TELANGANA AT HYDE ot rt TUESDAY, THE FOURTH DAY OF JUNE TWO THOUSAND AND NINETEEN :PRESENT:

THE HONOURABLE JUSTICE G SRI DEVI CRIMINAL PETITION NO: 2767 OF 2019 Between:

1, Vangala Bala Krishna, S/o late Nageswara Rao,

2. Vattikuti Naga Babu, S/o Venkateswarlu, Vattikuti lVlaha Laxmi, W/o Venkulu, Vattikuti Veera Krishna, S/o Venkateswarlu, Petitioners/Accused No. 5 to 8 /-'

AND The State of Telangana State, Rep. by its Public Prosecutor, High Court, at Hyderabad RespondenUComplainant Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the ground filed in the Criminal Petition, the High Court may be pleased to direct therlH.O, Manuguru police station, Bhadradri Kothagudem (Old Khammam) District, Telangana State to release the petitioner on bail in the event of their arrest in connection with crime no.34 of 2019 of manugru police station Bhadradri Kothagudem (Old Khammam) District, Telangana State, in the interest of justice. COUNSEL FOR THE PETITIONER: SRI DR CHALLA SRINIVASA REDDY COUNSEL FOR THE RESPONDENT: PUBLIC PROSECUTOR

ORDER

TI{[ HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.2767 of 2019 ORDER:

The petitioners, who are accused Nos.5 to 8, filed the present application under Section 438 Cr.P.C. seeking release in the event of their arrest in connection with Crime No.34 of 2019 of Manuguru Police Station, Bhadradri Kothagudem (Old Khammam) District, registered for the offence punishable under Section 306 IPC. According to the prosecution case, on 21.01.2019, the deceased had gone to the house of his inJaws at Thakkelapadu Village, Chillakallu Mandal, Krishna District, Andhra Pradesh, and requested his wife-Dhana Laxmi (A.3) to retum to the matrimonial house along with him. In the meantime, his brother-in-law (A.1) and father-in-law (A.2) and some other relatives started abusing the deceased in filthy language and also abetted him to commit suicide. They also assaulted the deceased.

Thereafter, the deceased came back to his native place and he committed suicide on 12113.02.2019 by hanging himself in the Railway Quarters at Manuguru, Bhadradri Kothagudem (Old Khammam) District, Telangana State. Heard learned counsel for the petitioners and learned Public Prosecutor appearing for the respondent-State. Perused the material on record.

It is submitted by the learned counsel for the petitioners that the facts as mentioned in the F.l.R. are all false, baseless and concocted for the purpose of the case. The petitioners have never committed any offence, nor they have abetted the deceased to commit suicide. The petitioners are \ t

not responsible for the death of the deceased. It is further submitted that a plain reading of the F.I.R., no case is made out against the petitioners for the offence under Section 306 IPC and the ingredients to constitute the offence are not made out.

Looking into the nature of offence and since the distance between the deceased going to his in-laws house and the place of commission of suicide by him is too long and also the deceased committed suicide after lapse of20 days of the alleged abetment, I am inclined to grant anticipatory bail to the petitioners on certain terms and conditions. Accordingly, the criminal petition is allowed and the petitioners/A.5 to A.8 are directed to surrender before the Station House Officer, Manuguru Police Station, Bhadradri Kothagudem (O1d l(rammam) District, within a period of fifteen days from today and on such surrender, the petitioners shall be released on bail on their executing personal bond 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. Further, petitioner Nos.l,2, and 4/A.5, A.6 and A.8 shall appear before the said Station House Officer on every Wednesday and Saturday between 10.00 a.m. and 11.00 a.m. for a period of six weeks or till filing of the charge sheet, whichever is earlier.

Miscellaneous petitions pending, if any, shall stand closed. Sd/-N.CHANDRA SEKHA RAO ASSIS NTR TRAR //TRUE COPY// For ASSIST T REGISTRAR

--t / / To, '1. The Judicial Firsl Class tMagistrarte, Manuguru, Bhadradri Kothagudem(Old Khammam) District, Telangana State.

2. The Station House Officer, lVlanuguru Police Station, Bhadradri Kothagudem (Old Khammam) District, Telangana State.

3. One CC to SRI Dr CHALLA SRINIVASA REDDY Advocate [OPUC]

4. Two CCs to PUBL1C PROSECUTOR, High Court at Hyderabad. [OUT]

5. One Spare Copy GR

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HIGH CqURT GSDJ DATED:04/06/2019

ORDER

CRLP.No.2767 of 2019 ,/ BAIL \\\es)'

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