Suresh Alias Bathini Suresh v. The State Of Telangana

THE HONOURABLE DR.JUSTICE G.RADHA RANI CRIMINAL PETITION No.4624 OF 2024 O R D E R:

This Criminal Petition is filed by the petitioners - Accused Nos.5 and 6 under Section 438 of Code of Criminal Procedure, 1973 (for short "Cr.P.C"), for grant of anticipatory bail in the event of their arrest in Crime No.221 of 2024 on the file of Rajendranagar Police Station, Cyberabad, registered for the offence under Section 306 read with 34 of Indian Penal Code, 1860 (for short, 'IPC').

2.

The case of the prosecution in brief was that on 14.03.2024 at 20:30 hours, the de facto complainant the father of the deceased lodged a report before the police station stating that his son by name Srikanth was married to his brother-in-law daughter Swapna 6 years ago and they were having two daughters. One month after the marriage, his son started living with his wife at her parent's house at NM guda, Attapur and after two years they moved to a rented house besides his wife's paternal home. His son and daughter-in-law were used to have fights very often and she used to go to her mother's house. Her family members i.e., her father Narasimha, mother Nagamani, brothers Suresh and Sai Kiran, relative Srinu supported her and harassed his son

mentally. On 13.03.2024 at 22:00 hours, the complainant's son went to his wife's paternal home to bring her back to his house, as she left his house 2 months ago. But they insulted him and filed a petition in Attapur Police Station. Police called him for counseling on 14.03.2024. The complainant received a call from his son stating that he was committing suicide and he received a WhatsApp video from his son stating that his father-in-law, mother-in-law and brothers-in-law were not sending his wife to his home and beat him many times and also his wife used to scold him and stated that she would not come home whether he lives or dies. Feeling depressed, his son committed suicide by hanging to a tree located behind Pattikunta Lake, Rajendranagar with a towel. Basing on the said report, the above crime was registered. 3.

Heard the learned counsel for the petitioners-Accused Nos.5 and 6 and the learned Additional Public Prosecutor for the respondentState. 4.

Learned counsel for the petitioners-accused Nos.5 and 6 submitted that they belonged to Nizamabad District. They were distant relatives to both the parties, who mediated the marriage between the accused No.1 and the deceased. They had nothing to do with the alleged

offence. The police falsely implicated the petitioners in the above crime. The petitioners were apprehending their arrest as their names were found in the FIR. As such, prayed for grant of anticipatory bail to the petitioners.

5.

Learned Additional Public Prosecutor opposed grant of anticipatory bail to the petitioners stating that their names were mentioned by the de facto complainant in his complaint stating that his son specifically mentioned their names as responsible for the cause of his committing suicide. As such, they were not entitled for grant of anticipatory bail.

6.

Perused the record.

7.

Considering the contents of the complaint, as there were no allegations that the petitioners instigated the deceased to commit suicide or abetted him in any manner to commit suicide and as the petitioners also belong to Nizamabad District but do not belong to the place where accused No.1 and deceased were residing and their names were incorporated in the FIR by the de facto complainant as they were alleged to be the mediators for the marriage between the deceased and accused No.1, it is considered fit to enlarge the petitioners on anticipatory bail.

8.

Accordingly, the Criminal Petition is allowed directing the petitioners/accused Nos.5 and 6 to be released on anticipatory bail subject to the following conditions:

i) The petitioners-Accused Nos.5 and 6 are directed to surrender themselves before the Station House Officer, Rajendranagar Police Station, Cyberabad, within a period of (15) days from the date of this order. On such surrender, the said Station House Officer shall release the petitioners-accused Nos.5 and 6 on bail, on their executing a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties for a like sum each to the satisfaction of the said Station House Officer.

ii) The petitioners/Accused Nos.5 and 6 shall abide by the conditions stipulated in Section 438(2) of Cr.P.C.

Miscellaneous applications, pending if any, shall stand closed. _____________________ Dr. G.RADHA RANI, J Date:29.04.2024 dgr