Thupati Dayakar And Another v. The State Of Telangana
HON'BLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.5152 of 2019 O R D E R :
This Criminal Petition under Section 438 of Cr.P.C. is filed by the petitioners, who are A.1 and A.2, seeking anticipatory bail in Crime No.736 of 2019 of L.B. Nagar (Law and Order) Police Station, Rachakonda, Ranga Reddy District, registered for the offences punishable under Sections 302, 306 and 498-A of IPC.
The case of the prosecution is that due to the continuous and unbearable harassment of the petitioners, their daughter-in-law not only killed herself, but also killed her son by hanging to a ceiling fan in the matrimonial house. Basing on the complaint lodged by the defacto complainant, who is the brother of the deceased, the police registered the above Crime No.736 of 2019 for the aforesaid offences. Heard learned counsel for the petitioners/A.1 and A.2 and the learned Additional Public Prosecutor appearing for the respondent State. Perused the material on record. Learned counsel for the petitioners contends that the allegations levelled against the petitioners are false and frivolous and the petitioners never harassed the deceased and moreover they looked after her with love and affection as she is none other than the daughter of 2nd petitioner's own brother. It is also contended that A.1 is working in Postal
Department and he is on the verge of retirement and if he is arrested at this stage, he will be placed under suspension and his reputation will be spoiled in the Department and that A.2 is also suffering from old age ailments. It is further contended that most part of investigation has already been completed and that the petitioners are ready to abide by any of the conditions imposed by this Court and would cooperate with the investigation, if they are released on anticipatory bail in the event of their arrest in connection with the aforesaid crime.
On the other hand, the learned Additional Public Prosecutor vehemently opposed the relief sought in the above petition contending that there are specific allegations against the petitioners regarding harassment of the deceased and hence they are not entitled for grant of anticipatory bail. A perusal of the contents of the FIR reveals that there are specific allegations levelled against the petitioners that after one year of the marriage, the petitioners have started harassing the deceased for one reason or other and both the petitioners used to abuse the deceased in filthy language and when the deceased and her husband, who is the son of the petitioners, have decided to put up a separate family, petitioner No.2 refused for the same and having vexed with her life, the deceased along with her son committed suicide by hanging to a ceiling fan in the matrimonial house. Therefore, in view of the specific allegations made against the petitioners
and keeping in view the gravity of offences alleged against them, I am not inclined to grant anticipatory bail to the petitioners/A.1 and A.2.
Accordingly, this Criminal Petition is dismissed. As a sequel, miscellaneous petitions pending, if any, shall stand closed.
________________________ JUSTICE G. SRI DEVI 28.08.2019.
Msr
HON'BLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.5152 of 2019 28.08.2019 Msr