Brahmandlapally , Brahmanapally Bixapathi v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.5167 OF 2022 ORDER:

This Criminal Petition is filed under Sections 437 and 439 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking regular bail to the petitioner who is arrayed as Accused No.1 in Crime No.332 of 2022 on the file of Station House Officer, Medchel Police Station, Cyberabad registered for the offences punishable under Sections 498-A, 306 and 302 of Indian Penal Code. 2.

Heard learned counsel for the petitioner/Accused No.1 and learned Assistant Public Prosecutor for the respondent-State. Perused the record.

3.

The case of the prosecution is that the petitioner herein was married to Deceased-1. They had three children. At the time of marriage the parents in law of this petitioner had given dowry with 8 tulas of gold, house hold articles and a bike. However, for additional dowry the petitioner started harassing his wife and was torturing her physically and mentally. Unable to bear the harassment, a panchayath was held before the elders and petitioner was asked not

to harass his wife. However, on 13.04.2022 the petitioner started beating his wife, for which reason his wife along with her two children proceeded towards the pond and she threw her two children in the pond and also killed herself. 4.

Learned counsel for the petitioner would submit that apart from allegation of demand for additional dowry, there is no other allegation against this petitioner.

5.

Learned Assistant Public Prosecutor submits that the harassment meted out by this petitioner can be seen from the fact that his wife had to kill her two children and thereby committed suicide.

6.

As seen from the remand report, twenty (20) witnesses were already examined including the panchas, circumstantial evidence and also panch for seizure. In the said circumstances, since the allegation is one of abetting suicide and the petitioner is in jail since 20.04.2022, the petitioner can be granted the relief of bail subject to conditions.

7.

Accordingly, the Criminal Petition is allowed and the petitioner/Accused No.1 is granted bail subject to the following conditions:

i) The petitioner/Accused No.1 shall execute a personal bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties for a like sum each to the satisfaction of XXII Additional Metropolitan Magistrate at Medchal, Cyberabad, Medchal-Malkajgiri District.

ii) The petitioner/Accused No.1 shall appear before the concerned Station House Officer on every Monday between 10.30 AM and 01.00 PM for a period of two (02) months or until filing of charge sheet whichever is earlier.

iii) The petitioner/Accused No.1 shall abide by the other conditions stipulated in Section 437(3) of Cr.P.C. Miscellaneous applications, pending if any, shall stand closed. _____________ K.SURENDER, J Date: 07.07.2022 ns