Rangaru Shiva Shankar Reddy v. State Of Telangana
[ 3230 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERAB AO /. THURSDAY, THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND N/VENTY ONE :PRESENT:
THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO: 8136 OF 2021 Between:
Rangaru Shrva Shankar Reddy, S/o. P. Ramachandra Reddy ... Petitioner/A2 AND State of Telangana, rep. by its Public Prosecutor, High Court at Hyderabad, for the State of Telangana.
...RespondenUComplainant Petition'under Section 438 of Cr.P.C, praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to grant Anticipatory Bail to the petitioner/A2 in the event of arrest in Cr.No.962 of 2021 on the file of the Police Station, Kukatpally, Hyderabad. The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of M/s NARASIMHULU, K.B Advocate for the Petitioner and of Assistant PUBLIC PROSECUTOR for the Respondent, the Court made the following.
ORDER:
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO. 8136 OF 2O2I ORDER:- This Criminal Petition is hled under Section 438 Cr.P.C. seeking pre-arrest bail to the petitioner lA2 in the event of his arrest in connection with Crime No. 962 of 2O2l of Kukatpally Police Station, Hyderabad, registered for the offences punishable under Sections 306 IPC.
2.
The case of prosecution is that de-facto complainant, who is the wife of the deceased, lodged complaint on 26.O8.2O21 stating that her husband was working as Deputy General Manager in Apollo Hospital Jubilee Hiils, Hyderabad, and A1, who is brother of deceased, along with the petitioner/A2(Siva), u,ho is the friend of the deceased, insisted the deceased for money as the deceased stood as surety for the personal loan of the petitioner and when the petitioner failed to pay the loan amount, the lender zrlso insisted the deceased to pay. On the night of 26.08.202\ at 3.00 a.m. she found her husband talking over phone and when questioned, he informed her that the A1 informed the address of the deceased to the petitioner I A2 and that he would settle the ISSUE On the next day, when she called at 2.00 p.m., there was no response and at about 6.
30 p.m., when she returned home from duty, she found her husband hanging dead to the ceiling lan On search in the room, she found a diary, mentioning the names of the petitioner lA2 and A1, as responsible for his suicide. Basing on the said report, the present crime is registered.
3.
Heard Sri K.B.Narasimhulu, learned Counsel appearing on behalf of the petitioner/A2 and learned Assistant Public Prosecutor for the respondent-State.
4.
Learned counsel for petitioner submits that there are financial transactions between the parties and as the petitioner demanded money, deceased has committed suicide. Even if all the allegations are taken on its face value, they do not attract the offence under Section 306 of IPC. He further submits that as per the law laid down by the Hon'ble Apex Court in Ramesh Kumar v. State of Chhattisgarhl since there are Iinancial transactions between the parties, it does not amount to instigation and the offence under Section 306 IPC is not attracted. 5.
On the other hand, iearned Assistant Public Prosecutor submits that the deceased has left a death note, categorically mentioning that A 1 and A2 are responsible for his committing suicide and investigation is in progress, and therefore prayed to dismiss this petition.
6 . Taking into consideration the allegation levelled in the complaint that the petitioner insisted the deceased to pay the amount, prima facie this Court feels that the facts of the case do not attract the ingredients of Section 306 of IPC, AS such, this Court is inclined to grant pre-arrest bail to the petitioner. 7.
Accordingly, this Criminal Petition is allowed. The petitioner/ A-2 shall be enlarged on bail in the event of his arrest in connection with Crime No. 962 ol 2O2l of Kukatpally Police '2001(9) scc 618
Station, Hyderabad, on execution of self bond for Rs.20,000/- (Rupees TWenty thousand only) with two sureties for a like sum each to the satisfaction of the Station House Officer, Kukatpally Police Station, Hyderabad.
8.
Consequently, miscellaneous applications, if any, pending, shall stand closed.
SD/- K.VENKAIAH ASSTSTANT REGI6TRAR i ) Mfl //TRUE COPY// SECTION OFFICER To, I t. The Principal Junior Civil Judge Cum Vlll Additional Metropolitan Magistrate Cyberabad at Kukatpally.
2. The XV Additional Metropolitan Sessions Judge, Ranga Reddy District at Kukatpally.
/^
3. The Station House Officer, Police Station, Kukatpally, Hyderabad.
4. One CC to IVI/s NARASIMHULU, K.B, Advocate [OPUC]
5. Two CCs to PUBLIC PROSECUTOR, High Court for the State of Telangana at Hyderabad [OUT]
6. One spare copy ZEE ,_-.=.--
HIGH COURT LKJ DATED:1811112021
ORDER
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