Vagmude Subhash v. The State Of Telangana

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.8575 of 2023 ORDER:

1.

This Criminal Petition is filed under Section 438 of Cr.P.C. by the petitioners/Accused Nos.1 to 5 seeking bail in the event of their arrest in connection with Crime No.77 of 2023 on the file of Indervelly Police Station, Adilabad District, registered for the offence punishable under Section 306 r/w. 34 of Indian Penal Code.

2.

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

3.

The case of the de-facto complainant is that her husband had given an amount of Rs.1,00,000/- towards loan to the 1st petitioner/A-1 in the year 2019. There was a promise to register Ac.4-00 of land instead of cash. However, only Ac.2-00 was registered in the name of the deceased son. However, the said Ac.2-00 was not demarcated and not handed over to the defacto complainant. When questioned, the 1st petitioner allegedly refused to cooperate with handing over the land and threatened to kill the deceased. Thereafter, the deceased committed suicide.

4.

The alleged incident of measuring the land etc., happened on 23.05.2023. Thereafter, there are no incidents that are narrated regarding any threats and suicide was committed on 04.06.2023.

5.

Keeping in view that the incident of suicide happened nearly after 10 days of the threat and further the land was already registered in favour of the deceased son, this Court deems it appropriate to grant the relief of anticipatory bail to the petitioners, subject to the following conditions:

1) The petitioners/Accused Nos.1 to 5 are directed to surrender before the Station House Officer, Indervelly Police Station, Adilabad, on 20.09.2023. On such surrender, the said Station House Officer shall release the petitioners on bail, on their executing personal bonds for a sum of Rs.5,000/- (Rupees Five thousand only) with two sureties for a like sum each to his satisfaction.

2) On such release, petitioners/Accused Nos.1 to 5 shall appear before the concerned Station House Officer for the purpose of investigation as and when required.

3) The petitioners/Accused Nos.1 to 5 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.

6.

Accordingly, this Criminal Petition is allowed.

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

__________________ K.SURENDER, J Date : 12.09.2023 dv

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.8575 of 2023 Dt.12.09.2023 dv