Cheurku Venkata Raji Reddy @ Raji Reddy v. The State Of Telangana

THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY CRIMINAL PETITION No.5548 of 2024 ORDER:

This Criminal Petition is filed under Section 438 of the Code of Criminal Procedure, 1973, seeking grant of bail to the petitioner - Accused No.1 in Crime No.233 of 2024 on the file of the Subedari Police Station, Warangal District, registered for the offences under Section 306 of Indian Penal Code, 1860 ('IPC' for brevity).

2.

Heard Mr. A. Ravinder Reddy, learned Senior Counsel representing Mr. B.Anand Kumar, learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State.

3.

The case of the prosecution is that, on 18.04.2024, the de facto complainant - wife of the deceased made a report to the police stating that the deceased was working in a Bar at Subedari Officers Club. In the said club, petitioner - Accused No.1 is Exjoint Secretary. The petitioner, manager of the club and others collected membership fee of rupees One Crore and they promised

to pay Rs.10 lakhs as share to the deceased. It is alleged that the petitioner and other accused refused to give share to the deceased. Thus, the deceased did not have any other option and decided to commit suicide. On 18.04.2024, at about 04.30 p.m., the deceased sent a video to the mobile of his son stating that Raji Reddy/Accused No.1, Gopal Reddy and Ravi are responsible for his death since they failed to pay him Rs.10 lakhs. By the time de facto complainant reached the club, she found her husband dead hanging to the ceiling fan in the first floor of the said club. 4.

Learned Senior Counsel for the petitioner - Accused No.1 submitted that there are no allegations so as to connect the petitioner to the offence under Section 306 of IPC and the petitioner is falsely implicated.

5.

Learned Assistant Public Prosecutor submitted that deceased sent a recorded video message to his son, wherein, he stated that he is committing suicide as the accused persons failed to pay his share of Rs.10 lakhs to him.

6.

On reading contents of the report lodged by the wife of the deceased, prima facie, the offence of abetment to suicide is not made out. Hence, this Court is inclined to grant bail to the petitioner - Accused No.1.

7.

Accordingly, the Criminal Petition is allowed and the petitioner - Accused No.1 shall be enlarged on anticipatory bail subject to the following conditions:

(i) The petitioner - Accused No.1 is directed to surrender before the S.H.O., Subedari Police Station, Warangal District, within a period of (15) days from the date of this order. On such surrender, the concerned S.H.O shall enlarge the petitioner-Accused No.1 on bail on his executing a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties for a like sum each to the satisfaction of the said S.H.O. (ii) The petitioner - Accused No.1 shall appear before the concerned S.H.O on every Tuesday at 11.00 A.M. for a period of eight (8) weeks or till the completion of the investigation, whichever is earlier.

(iii) The petitioner - Accused No.1 shall abide by the conditions stipulated in Section 438(2) of Cr.P.C and shall cooperate with the investigating officer in the investigation.

Miscellaneous applications, pending if any, shall stand closed.

_______________________ B. VIJAYSEN REDDY, J Dated:23.05.2024 Pvt/Bb

THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY CRIMINAL PETITION No.5548 of 2024 Dt:23-05-2024 Pvt/Bb