Mamillapalli Kiran Kumar v. The State Of Telangana

HE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No. 5472 of 2022 ORDER:

This Criminal Petition is filed under Section 438 of Cr.P.C. by petitioner/A1 seeking bail in the event of his arrest in connection with Crime No.70/2022 on the file of Medipally Police Station, Medchal-Malkajgiri District, Rachakonda, registered for the offences punishable under Section 174 of Cr.P.C.

2.

The case of the prosecution is that the defacto complainant's son was sleeping in the house and the next day she found her son hanging to the ceiling fan. The defacto complainant filed a complaint stating that she found the deceased, who committed suicide by hanging to the ceiling fan for which reason a crime was registered under Section 174 of Cr.P.C. on 25.01.2022. Later, police found a book in which there were several writings of the son of the defacto complainant. On the basis of which section of law was altered to Section 306 of Indian Penal Code. Since the name of the petitioner i.e. Kiran is reflected in the said writings, the petitioner is seeking the relief of Anticipatory Bail apprehending arrest.

3.

Learned counsel for petitioner submits that as seen from the writings produced of the deceased, there is absolutely nothing against this petitioner to infer any kind of abatement to commit suicide.

4.

On the other hand learned Assistant Public Prosecutor submits that there were monetary transactions which lead to the deceased committing suicide.

5.

When there are no specific allegations against this petitioner in the writings which are found and admittedly when there are money transactions, prima faice, at this juncture it cannot be said that this petitioner is responsible for the suicide of the defacto complainant's son.

6.

In the said circumstances, to meet the ends of justice, the 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, Medipally Police Station, MedchalMalkajgiri 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 his 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 three months or till filing of charge sheet whichever is earlier, 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. 7.

Accordingly, the criminal petition is allowed. Miscellaneous applications, if any pending in this criminal petition, shall stand closed.

__________________ K.SURENDER, J Date :04.07.2022 tk Note: Issue CC by 05.07.2022

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No. 5472 of 2022 Dt.04.07.2022 tk