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High Court for State of TelanganaCRLP/5876/2022allowed no costs

Janga Bala Narsaiah And 2 Others v. The State Of Telangana

2022-07-15K.Surender4 pages

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No. 5876 of 2022 ORDER:

This Criminal Petition is filed under Section 438 of Cr.P.C. by petitioners/A3 to A5 seeking bail in the event of their arrest in connection with Crime No.54/2022 on the file of Rajapeta Police Station, Rachakonda Commissionerate, registered for the offences punishable under Section 304 B of Indian Penal Code. 2.

Heard learned counsel for the petitioners and learned Assistant Public Prosecutor for the respondent-State. 3.

The case of the prosecution is that a complaint was filed on 13.04.2022 by the defacto complainant who is the father of the deceased. The deceased is the wife of Accused No.1. The deceased married Accused No.1 and both of them loved each other. Pursuant to their marriage on 13.04.2022, it was informed by the defacto complainant that when the deceased was near the water tank, the deceased was asked to remove the electric plug at the electric water motor. While she was removing plug she got electric shock and died on the spot. However, the father of the deceased expressed suspicion that Accused Nos.1 to 5 were responsible for the death of the deceased, for which reason, the present complaint was filed.

4.

As seen from the FIR and Remand Report, the case is one under Section 304 B of Indian Penal Code. However, the complaint and the averments in the Remand Report do not make out any specific allegations against these petitioners/A3 to A5 for demanding of dowry. Further, A1 and A2 were already arrested and remanded to judicial custody. In the said circumstances, when there are no specific allegations against these petitioners, the petitioners/A3 to A5 who are relatives of A1 can be granted the relief of anticipatory bail.

5.

Accordingly, the criminal petition is allowed and the petitioners/A3 to A5 shall be enlarged on bail in the event of their arrest, subject to the following conditions:

1) The petitioners/A3 to A5 are directed to surrender before the Station House Officer, Rajapet Police Station, Rachakonda, Bhongir District, within a period of 10 days from the date of this order. On such surrender, the said Station House Officer shall release the petitioners/A3 to A5 on bail, on their executing personal bonds for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties in a like sum each to his satisfaction.

2) On such release, the petitioners/A3 to A5 shall appear before the said Station House Officer on every Monday between 10.30 a.m. to 1.00 p.m. for a period of eight

weeks or till filing of charge sheet whichever is earlier, for the purpose of investigation.

3) The petitioners/A3 to A5 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.

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

__________________ K.SURENDER, J Date :15.07.2022 tk

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No. 5876 of 2022 Dt.15.07.2022 tk