Rathlavath Seetharam v. The State Of Telangana

THE HONOURABLE SRI JUSTICE M. LAXMAN CRIMINAL PETITION No.6586 OF 2023 ORDER:

1.

This petition is filed under Section 439 of Criminal Procedure Code, 1973 (Cr.P.C) seeking to grant regular bail. The petitioners are accused Nos.1 and 2 in Crime No.111 of 2023 of Amangal Police Station, Cyberabad Commissionerate. The offences alleged against the petitioners are under Sections 448, 306, 384, 323 and 504 read with Section 34 of the Indian Penal Code, 1860.

2.

The sum and substance of case of the prosecution is that the present petitioners/accused Nos.1 and 2 along with the other accused allegedly went to the house of the deceased on 05.06.2023 at about 17.30 hours and they are suspecting the deceased committed theft of gold ring, which was misplaced at the hotel and allegedly abused in filthy language and also physically assaulted the deceased. Insulted by such incident, the deceased committed suicide on 06.06.2023 by consuming poison and subsequently, he died.

3.

Learned Public Prosecutor opposed the bail application. 4.

Heard learned counsel for the petitioner as well as the learned Additional Public Prosecutor and perused the record. 5.

A perusal of the material available on record, it reveals that the alleged incident of abuse and physical assault had occurred on 05.06.2023 and attempt of suicide was made on the next day nearly after 10 to 12 hours of the incident. Therefore, there is ample time to the deceased to recede his emotion created on account of the petitioners'7 action. 6.

Considering the above background of the fact, this Court is inclined to grant bail to the petitioners/accused Nos.1 and 2 on certain terms and conditions.

7.

Accordingly, the Criminal Petition is allowed and the petitioners/accused Nos.1 and 2 shall be released on bail on the following terms and conditions:

(i) The petitioners/accused Nos.1 and 2 shall be released on bail on their executing a personal bond for Rs.20,000/- (Rupees twenty thousand only) each with two sureties for a like sum each to the satisfaction of the Judicial Magistrate of the First Class, Rangareddy District at Amangal.

(ii) The petitioners/accused Nos.1 and 2 shall not directly or indirectly influence or make any witnesses or complainant.

(iii) The petitioners/accused Nos.1 and 2 shall not indulge in similar type of offences till conclusion of trial and if it is found that the petitioners are involved in similar type of offences in future, the bail granted to them shall automatically stands cancelled and they shall be taken into custody forthwith.

(iv) The petitioners/accused Nos.1 and 2 shall make available with the investigating agency for proper investigation and they shall fully cooperate with the investigation agency. They shall not at in any manner which will be prejudicial to fair and expeditious investigation.

______________________ JUSTICE M. LAXMAN 26.07.2023 ynk

THE HONOURABLE SRI JUSTICE M. LAXMAN CRIMINAL PETITION No.6586 of 2023 Date: 26.07.2023 ynk