Ade Panchi Bai , Ade Panchapula v. State Of Telangana

HON'BLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.6410 of 2019 ORDER :

This Criminal Petition under Section 438 of Cr.P.C. is filed by the petitioner/A2, seeking anticipatory bail in Crime No.33 of 2019 on the file of the S.H.O., Sirikonda Police Station, Adilabad District, registered for the offence punishable under Section 306 r/w 34 IPC.

2. Heard learned counsel for the petitioner as well as the learned Additional Public Prosecutor appearing for respondent-State.

3. Learned counsel for the petitioner submits that the petitioner is innocent of the offence alleged against her and she has been falsely implicated by the de facto complainant on false and concocted allegations. A1 who is the husband of the deceased-A.Saritha is an illiterate and the deceased was a graduate and studied at Hyderabad. A1 came to know that she had some love affair during her education at Hyderabad and the de facto complainant and his family members performed the marriage of the deceased with A1 against her and wish and she used to express dislike towards A1 and they never lived happily. He further submits that the de facto complainant suppressing the love affair of the deceased, performed her marriage with A1 and he is solely responsible for the death of his daughter. The

allegations against this petitioner and A1 are made with an intention to harass them and to extract money. He further submits that the police of Sirikonda have completed entire investigation and the petitioner is not at all required for investigation purpose and even if she is required during investigation, she would co-operate with the police as and when required. He further submits that the petitioner is a house wife and has got a small child, aged 2 years. He further submits that the petitioner is a permanent resident of Fakirnaik Tanda village of Sirikonda Mandal, Adilabad District, having fixed abode and landed property and hence, question of absconding does not arise. The petitioner is willing to furnish suitable security and abide by the conditions imposed by this Court, if she is released on bail. Hence, he prays to grant anticipatory bail to the petitioner.

4. On the other hand, the learned Additional Public Prosecutor representing the State vehemently opposed the bail application.

5. As seen from the contents of the F.I.R., there are specific allegations against the petitioner and A1, who is none other than the husband of the deceased. A1 was having illicit relationship with his sister-in-law (petitioner herein). Since 3 days before the death of the deceased, there were quarrellings between the deceased and A1 on

the illegal relationship of A1 with the petitioner, for which the deceased was tortured. Due to the said torture, she disgusted and vexed with her life and had consumed some unknown pesticide poison and committed suicide. 6.

Taking into consideration the nature of allegations made against the petitioner and also keeping in view the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, the Criminal Petition is dismissed. However, the petitioner-A2 shall surrender before the concerned Court within 15 days and move a bail application and the same may be considered in accordance with law.

________________________ JUSTICE G. SRI DEVI DATED: 22.10.2019.

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