A. Venkat Reddy v. The State Of Telangana., Rep,., Pp

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH * * * * CRIMINAL PETITION No.6993 of 2015 Between:

A.Venkat Reddy & another ..Petitioners/ accused And The State of Telangana, rep. by its Public Prosecutor High Court at Hyderabad, for the State of Telangana and the State of A.P. & another .. Respondents DATE OF JUDGMENT PRONOUNCED: 04-08-2015 SUBMITTED FOR APPROVAL:

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO

1. Whether Reporters of Local newspapers Yes/No may be allowed to see the Judgment?

2. Whether the copies of judgment may be Yes/No marked to Law Reporters/Journals

3. Whether Their Lordship wish to see the fair copy of the Judgment? Yes/No HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.6993 of 2015 ORDER :

This Criminal Petition is filed by the Petitioners/ accused Nos.2 &

3 out of three accused under Section 482 Cr.P.C seeking to quash the Crime No.119 of 2015 of P.S.Yacharam, Cyberabad, registered for the offences punishable under Section 306 r/w 34 IPC, outcome of the report of 2nd respondent-de facto complainant for the suicide committed by son of the de facto complainant.

2) Heard learned counsel for the petitioners/ accused Nos.2 and 3 and 1st respondent-State represented by learned Public Prosecutor before admission and before ordering notice to 2nd respondent-de facto complainant. Perused the material on record.

3) A perusal of the report and as contended by the learned counsel for petitioners' say if at all there is any accusation, only against accused No.1 apart from ingredients of Section 306 IPC not satisfied from reading of the report, which is outcome of money dispute of civil nature and there is nothing to say abetment or instigation within the meaning of Section 107 IPC to attract Section 306 IPC. Learned public prosecutor contends that there is a prima facie accusation and there are no grounds to admit the petition.

4) A perusal of the record shows though it is not a fit case to quash the FIR for the investigation shall go on, the entitlement to the concession of regular bail by the petitioners/ accused Nos.2 and 3.

5) Accordingly, the Criminal Petition is disposed of, giving liberty to petitioners/ accused Nos.2 and 3 to surrender themselves before the learned Magistrate and with affidavit of surrender on the same day move for regular bail with notice to Additional public prosecutor concerned before the learned Sessions Judge and in such event, the learned Judge, shall grant bail with necessary conditions on the same day. Needless to say, at post bail stage, pending investigation their presence before the concerned Magistrate Court can be dispensed with. Further remedies are left open to them, in the event of police filing final report and taking cognizance by the learned Magistrate.

5) Miscellaneous petitions, if any pending, shall stand closed. _________________________ Dr. B. SIVA SANKARA RAO, J Dt.04.08.2015 Knl HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.6993 of 2015

Date:04.08.2015 knl