Shakutam Mohan v. State Of Telangana

HON'BLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.7053 of 2019 O R D E R :

This Criminal Petition under Section 438 of Cr.P.C. is filed by the petitioner, who is sole Accused, seeking anticipatory bail in Crime No.312 of 2019 of Jagtial Town Police Station, Jagtial, Karimnagar District, registered for the offence punishable under Section 306 of IPC.

The case of the prosecution is that the petitioner has taken money from the deceased and some others for sending them to Gulf countries as a mediator and when the deceased and others requested the petitioner to send them to Gulf countries or return the amount, the petitioner abused the deceased in filthy language and informed that he is not having any Visas or amount and, therefore, having vexed with his life, the deceased committed suicide.

Heard learned counsel for the petitioner/Accused and the learned Additional Public Prosecutor appearing for the respondent State. Perused the material on record. Learned counsel for the petitioner/Accused contends that the petitioner is no way concerned with the alleged offence and he is not a Gulf Agent. It is also contended that even if the allegations are believed to be true, there should be some proximate link between the date of incident and the date on which the dispute occurred. It is further contended

that though there is no specific overt act attributed against the petitioner, the police registered a case for the offence punishable under Section 306 of IPC against the petitioner. It is further contended that the petitioner is ready to abide by any of the conditions imposed by this Court and would cooperate with the investigation, if he is released on anticipatory bail in the event of his arrest in connection with the aforesaid crime.

On the other hand, the learned Additional Public Prosecutor vehemently opposed the relief sought in the above petition.

As seen from the contents of FIR, there are specific allegations levelled against the petitioner that he has taken money from the deceased, who is the husband of the complainant, for sending him to Gulf countries as a mediator, but did not send the deceased to Gulf countries nor returned the amount to him and when the deceased and others approached the petitioner to send to Gulf countries or return the amount, the petitioner informed them that he is not having any Visas nor any mount and cursed the deceased, due to which, having vexed with his life, the deceased has committed suicide by hanging in a bath room ventilator with a current wire. Thus, there are specific allegations levelled against the petitioner/Accused. Therefore, in view of the specific allegations made against the petitioner/Accused, I am

not inclined to grant anticipatory bail to the petitioner/Accused.

Accordingly, this Criminal Petition is dismissed. As a sequel, miscellaneous petitions pending, if any, shall stand closed.

________________________ JUSTICE G. SRI DEVI 12.11.2019.

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HON'BLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.7053 of 2019 12.11.2019 Msr