Mallu Venkateshwar Reddy v. The State Of Telangana

THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.5687 of 2019 ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by petitioner/A1, seeking to grant anticipatory bail in Cr.No.441 of 2018 on the file of Mahabubnagar Rural Police Station, Mahabubnagar District, registered for the offences under Sections 363, 342, 306 read with Section 34 IPC. 2.

Heard learned counsel for the petitioner/A1, learned Additional Public Prosecutor representing the respondent-State and perused the record.

3.

The case of the prosecution is that on 08.08.2018 at 12.48 hours, the son of the de-facto complainant, by name, Boya Srikanth, aged 17 years, studying Intermediate 1st year, committed suicide by falling under the train situated backside of Hi-Tech function hall within the limits of Bandamedhipally, on the ground that all the accused blamed his son alleging that with the support of the deceased, lovers of Machanpally village eloped secretly from the village and abused him in filthy language, beat him, wrongfully confined him in the office of Gram Panchanath and threatened him with dire consequences, due to fear that the accused will kill him if the eloped persons will not come back, he committed suicide. 4.

Learned counsel for the petitioner/A1 submits that the petitioner is innocent of the alleged offences and he has been falsely implicated in the case in order to harass him and that he is nothing to do with the case. He further submits that no overt acts are attributed against the petitioner as his name was not mentioned in

the FIR, whereas in the remand report of A2 to A4, his name was added as accused, and even according to the complaint, there are no allegations against him. He further submits that the petitioner never instigated the deceased to commit suicide and that the entire investigation is completed, except filing of charge sheet and that the petitioner is ready to furnish suitable security and abide by the conditions imposed by this Court.

5.

As seen from the contents of the remand report, it is crystal clear that the petitioner, who is the husband of Ex-Sarpanch, along with the other accused threatened the deceased with dire consequences that he will die if the eloped persons will not come back to the village and they also confined the deceased in the office of the Gram Panchayat duly locking the doors, due to which, the deceased committed suicide on 08.08.2018 after recording his voice through mobile revealing the names of the accused, who were responsible for his death. Since there are specific allegations against the petitioner/A1 that he abetted the deceased to take the extreme step of suicide, I am not inclined to grant anticipatory bail to the petitioner/A1 and his prayer for anticipatory bail is refused. 6.

Accordingly, the Criminal Petition is dismissed. 7.

Miscellaneous applications, if any pending in this criminal petition, shall stand dismissed.

_____________ G. SRI DEVI, J 19th September, 2019 sj