Kodavali Avinash v. The State Of Telangana

THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.3001 OF 2019 ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by the petitioner/accused for grant of anticipatory bail in the event of his arrest in Crime No.27 of 2019 of Mirchowk Police Station, Hyderabad, registered for the offence punishable under Section 306 I.P.C.

2.

Heard learned counsel for the petitioner/accused and the learned Additional Public Prosecutor appearing for the respondent/State. Perused the material on record. 3.

The allegation in the complaint would go to show that the complainant came to the police station and lodged a report stating that the petitioner and her daughter by name Ramya studied in Avinash Degree and they know each other; that on that pretext in the year 2017, her daughter went to Palakollu Town along with the petitioner by taking 12-13 tulas of gold and cash; that thereafter, her brother taken her daughter back; that she came to know that her daughter has some problem with the money and she expressed suspension against the petitioner herein; that on the date of incident i.e., on 27.02.2019 her daughter went to office and at about 2:30 PM, she made a phone call to her and stated that she is not feeling well and she went to the home; that around 3:30 PM her daughter committed suicide at their house with chunny; that the son the complainant received phone calls from the petitioner stating that Ramya is not receiving his phone calls; that as a part of regular visit to water the plants, the son of the complainant went to the house and found that her sister hanged with chunny; that

with the assistance of his friends, he shifted her sister to nearby hospital in the auto, but Doctors declared her dead. Hence, the complainant filed the present complaint to take necessary action against the petitioner.

4.

Learned counsel for the petitioner/accused would submit that the petitioner is an innocent person and falsely implicated in this case; that the petitioner did not commit any offence as alleged in the complaint, except stating that the petitioner and deceased studied in the same college; that the petitioner belongs to Scheduled Tribe community and hence, he prays to grant anticipatory bail to the petitioner/accused.

5.

Learned Additional public Prosecutor opposed the grant of bail to the petitioner/accused and stated that the investigation is still pending and only four witnesses were examined and presence of the petitioner is highly required for the purpose of investigation. 6.

Looking into facts and circumstances of the case and nature of allegations levelled against the petitioner/accused, I am not inclined to grant bail to the petitioner/accused. However, if the petitioner/accused surrenders before the Court concerned within fifteen (15) days from today and moves an application for grant of bail, the same shall be considered on the same day, in accordance with law.

7.

With the above direction, the Criminal Petition is disposed of. Miscellaneous petitions, if any, pending in this petition shall stand closed.

________________________ JUSTICE G. SRI DEVI JUNE 18, 2019 YVL

THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.3001 OF 2019 Date: 18.06.2019 YVL