Emmadi Srinivasulu v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.6258 OF 2022 ORDER:

This Criminal Petition is filed under Sections 437 and 439 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking regular bail to the petitioners who are arrayed as Accused Nos.1 and 2 in Crime No.92 of 2022 on the file of Telkapally Police Station, Nagarkurnool District registered for the offences punishable under Sections 306, 425, 323, 504 and 506 read with Section 34 of Indian Penal Code.

2.

Heard learned counsel for the petitioners/Accused Nos.1 and 2 and learned Assistant Public Prosecutor for the respondent-State. Perused the record.

3.

The case of the prosecution is that the petitioners and other accused beat the deceased and abused him, for which reason he committed suicide. It is further the case that the 1st petitioner's daughter and the deceased were friends on social media platform and on coming to know about their relation, the family members of Accused No.1 intervened and attacked the deceased and thereafter it is alleged that they altogether mixed some pesticide poison and

forcibly gave to the deceased due to which he died, as such, the case under Section 302 read with Section 34 of IPC was registered. The petitioners were remanded to judicial custody on 15.06.2022. Originally the complaint was registered under Section 302 read with Section 34 of IPC, later the section of law was altered to Sections 306, 425, 323, 504 and 506 read with Section 34 of IPC. 4.

Learned counsel for the petitioners submits that they have nothing to do with the alleged suicide. However, enraged by the deceased luring 1st petitioner's daughter an altercation ensued but the deceased was never harmed by these petitioners. 5.

Learned Assistant Public Prosecutor opposes the bail application stating that the acts of these petitioners resulted in young boy committed suicide.

6.

As seen from the remand report, the petitioners had beaten the deceased for the reason of the deceased being in love with the 1st petitioner's daughter.

7.

In the said circumstances, since the petitioners are in jail from 15.06.2022, the petitioners can be granted the relief of regular bail.

8.

Accordingly, the Criminal Petition is allowed and the petitioners/Accused Nos.1 and 2 are granted bail subject to the following conditions:

i) The petitioners/Accused Nos.1 and 2 shall execute personal bonds for a sum of Rs.20,000/- (Rupees Twenty Thousand only) each with two sureties for a like sum each to the satisfaction of Judicial Magistrate of First Class, Nagarkurnool. ii) The petitioners/Accused Nos.1 and 2 shall appear before the concerned Station House Officer on every Monday between 10.30 AM and 01.00 PM for a period of eight (08) weeks or until filing of charge sheet whichever is earlier.

iii) The petitioners/Accused Nos.1 and 2 shall abide by the other conditions stipulated in Section 437(3) of Cr.P.C. Miscellaneous applications, pending if any, shall stand closed. _____________ K.SURENDER, J Date: 22.07.2022 ns