Gundaram , Adamalapalli Nithya v. The State Of Telangana

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No. 5185 of 2022 ORDER:

This Criminal Petition is filed under Section 438 of Cr.P.C. by petitioner/A1 seeking bail in the event of her arrest in connection with Crime No.214/2022 on the file of Jagtial Town Police Station, Jagtial District, registered for the offences punishable under Section 306 read with 34 of Indian Penal Code.

2.

The defacto complainant is the mother of the deceased filed a complaint against this petitioner who is her daughter-in-law stating that her daughter-in-law/A1 was not in good terms with the deceased and she was having illicit intimacy with Accused No.2. Inspite of the deceased admonishing, Accused No.1 is maintaining illicit relation with Accused No.2, having vexed by the acts of the Accused No.1 the deceased committed suicide.

3.

In the said circumstances, it is a case of the wife having illicit intimacy with another person, per se may not attract the ingredients of abatement under Section 107 of the Indian Penal Code. However, the only reason cited in the FIR for committing suicide by the deceased is illicit relation between Accused No.1 and Accused No.2. In such circumstances, custodial interrogation of this petitioner/A1

is not necessary and as such, this petitioner/A1 can be granted the relief of anticipatory bail on the following conditions.

1) The petitioner/A1 is directed to surrender before the Station House Officer, Jagtial Town Police Station, Jagtial District, within a period of 10 days from the date of this order. On such surrender, the said Station House Officer shall release the petitioner/A1 on bail, on her executing personal bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties in a like sum each to his satisfaction.

2) On such release, the petitioner/A1 shall appear before the said Station House Officer on every Monday between 10.00 a.m to 5.00 p.m. for a period of two months for the purpose of investigation.

3) The petitioner/A1 shall abide by the other conditions stipulated in Section 438(2) of Cr.P.C and shall co-operate with the Investigating Officer in investigating the case. Accordingly, the criminal petition is allowed. Miscellaneous applications, if any pending in this criminal petition, shall stand closed.

__________________ K.SURENDER, J Date :27.06.2022 tk

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No. 5185 of 2022 Dt.27.06.2022 tk