Katkam Anusha v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.4522 OF 2022 ORDER:

This Criminal Petition is filed under Section 438 of the Code of Criminal Procedure, 1973 seeking bail to the petitioners/Accused Nos.1 to 5 in the event of their arrest in Crime No.62 of 2021 on the file of Mupkal Police Station, Nizamabad District, for the offence punishable under Section 306 of Indian Penal Code. 2.

Heard learned counsel for petitioners/Accused and learned Assistant Public Prosecutor for respondent-State. Perused the record.

3.

The complaint was lodged against A1 to A5 alleging that they are responsible for the death of the husband of A1. Briefly narrated the facts are that the deceased namely Katkam Suresh was married to A1 and she had left with her child without informing her deceased husband and refused to come back. For the said reason, on 09.11.2021 the husband of A1 i.e. deceased went to their house and standing infront of their house poured petrol on himself for the

reason of A1 not going along with the deceased to her matrimonial home.

4.

The reason given by the prosecution that the deceased committed suicide for the reason of A1 who is his wife refused to accompany to matrimonial home will not in any manner amount to offence of abetting suicide attracting the penal consequences under Section 306 of IPC.

5.

In the said circumstances, this court is inclined to grant Anticipatory Bail to the petitioners/Accused Nos.1 to 5. 6.

Accordingly, the Criminal Petition is allowed and the petitioners/Accused Nos.1 to 5 shall be enlarged on bail in the event of their arrest subject to the following conditions: i) The petitioners/Accused Nos.1 to 5 are directed to surrender before the Station House Officer, Mupkal Police Station, Nizamabad, within a period of ten (10) days from today, and on such surrender, they shall be enlarged on bail on their executing personal bonds for a sum of Rs.20,000/- (Rupees Twenty Thousand Only) each with two sureties to the like sum each to its satisfaction.

ii) On such release, the petitioners/Accused Nos.1 to 5 shall appear before the investigating authorities on every 1st and 3rd Monday between 10.00 AM and 01.00 PM for a period of three (03) months or till filing of charge sheet, whichever is earlier. iii) The petitioners/Accused Nos.1 to 5 shall abide by the other conditions stipulated in Section 438(2) Cr.P.C. 7.

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

_____________ K.SURENDER, J Date: 13.06.2022 ns