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High Court for State of TelanganaCRLP/5590/2024allowed no costs

Biyyala Rajesh @ Ravi v. The State Of Telangana

2024-05-23B.Vijaysen Reddy4 pages

THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY CRIMINAL PETITION No.5590 OF 2024 O R D E R: (ORAL) This Criminal Petition is filed, under Section 438 of the Code of Criminal Procedure, 1973, seeking grant of anticipatory bail to the petitioners, who are accused Nos.1 and 3, in Crime No.174 of 2024 on the file of the Station House Officer, Adilabad II Town Police Station, Adilabad District, registered for the offence punishable under Section 306 read with Section 511 of the Indian Penal Code, 1860 (for short 'I.P.C.'). 2.

The facts of the case are that on 15.05.2024, the de-facto complainant - Kaagane Ganapathi, lodged a complaint against the petitioners and others stating that his wife - Kaagane Lakshmi is working as Patient Care at Delivery ward, Rims Hospital, Adilabad, since 16 years. His wife used to tell that her superiors Ravi (accused No.1), Latha, Venu (accused No.3) and Dayamma Karuna used to mentally harass her by putting work pressure on her. On 15.05.2024, when his wife was performing her duty at Delivery Ward, Rims Hospital, petitioner No.1, Latha and Karuna abused her in filthy language and harassed her mentally saying that she is not doing work properly. It is alleged that the wife of defacto complainant could not tolerate the same and attempted to commit

suicide by consuming phenyl and at present, his wife is undergoing treatment at ICU, Rims Hospital.

3.

Heard learned counsel for the petitioners and learned Assistant Public Prosecutor for respondent - State.

4.

Prima facie, the offence under Section 306 of I.P.C. is not attracted against the petitioners as it not a case of suicidal death and only an attempt was made by the wife of de-facto complainant to commit suicide. The allegation made against the petitioners is that they attempted to commit cognizable offence under Section 511 of I.P.C. 5.

In the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to petitioners/accused Nos.1 and 3. 6.

Accordingly, this criminal petition is allowed and the petitioners are directed to surrender before the Station House Officer, Adilabad II Town Police Station, Adilabad District, within 15 days from the date of this order. On such surrender, the petitioners shall be released on bail on their executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties for a like sum each to the satisfaction of the said Station House Officer. Further, on such release, the petitioners shall abide by the conditions as under:

1. The petitioners shall make themselves available for interrogation by the police officer as and when required.

2. The petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

3. The petitioners shall not leave India without the previous permission of the Court.

As a sequel, the miscellaneous applications, if any pending, shall stand closed.

_______________________ B. VIJAYSEN REDDY, J Date: 23.05.2024.

TMK/PRN

THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY CRIMINAL PETITION No.5590 OF 2024 Date: 23.05.2024.

TMK/PRN