Md.Jamal v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO. 2862 OF 2022 O R D E R:

This Criminal Petition is filed under Section 438 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") seeking pre-arrest bail to the petitioner/Accused No.2 in the event of his arrest in connection with Crime No.24 of 2022 on the file of Station House Officer, Neckonda Police Station, Warangal District registered for the offence punishable under Section 305 read with Section 34 of Indian Penal Code, 1860 (I.P.C.) 2.

Heard the learned counsel for the petitioner, learned Assistant Public Prosecutor for the respondent-State and perused the record. 3.

The facts of the case are that the de facto complainant filed the present complaint registered for the offence under Section 305 read with Section 34 of IPC. It is alleged in the complaint that the de facto complainant is having two daughters and Accused No.1 who is the son of the petitioner/Accused No.2 who was allegedly in love with his elder daughter namely Amrutha. Both the daughters went to the house of the petitioner/Accused No.2 and Accused No.1 wherein they allegedly abused his two daughters and threatened

them. Thereafter, unable to bear the oral abuse saying "Thirugubothu Lanjalu Enduku Brathukuthunnaru Chavaradandi" the deceased namely Anjali committed suicide and her dead body was found in the well outside the village.

4.

Learned counsel for the petitioner/Accused No.2 submits that according to the complaint there were no lights and fencing around the well and there is every likelihood that the deceased must have fallen accidently. Accused No.1 was arrested and is in jail and he being the person who allegedly loved the sister of the deceased. The father who is the petitioner herein was allegedly implicated for the reason of refusing to marry the sister of the deceased with Accused No.1.

5.

In the facts and circumstances, there is no necessity of any custodial interrogation nor any seizures are to be effected. For the said reason, this court is inclined to grant Anticipatory Bail to the petitioner/Accused No.2.

6.

Accordingly, the Criminal Petition is allowed subject to the following terms and conditions:

i) The petitioner/Accused No.2 is directed to surrender before the Station House Officer, Neckonda Police Station, Warangal District, within a period of ten (10) days from today, and on such surrender, the said Station House Officer shall release the petitioner/Accused No.2 on bail on his executing a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties to the like sum each to his satisfaction ii) The petitioner/Accused No.2 shall appear before the investigating authorities on every Sunday between 08.00 AM and 11.00 AM for a period of two (02) months or till filing of the charge sheet, whichever is earlier.

iii) The petitioners shall abide by the other conditions stipulated in Section 438(2) Cr.P.C.

7.

Miscellaneous petitions pending, if any, shall stand disposed of.

______________ K.SURENDER,J Date :06.04.2022 ns