Kontham Lavanya And Another v. The State Of Telangana

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No. 6872 of 2022 ORDER:

This Criminal Petition is filed under Section 438 of Cr.P.C. by petitioners/A2 & A3 seeking bail in the event of their arrest in connection with Crime No.255/2022 on the file of Ameenpur Police Station, Sangareddy District, registered for the offences punishable under Section 304-B 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 against these petitioners is that they are the parents of Accused No.1; and the Crime under Section 304-B of the Indian Penal Code is registered against these petitioners on account of the death of wife of Accused No.1. 4.

According to the complaint, the marriage happened on 07.04.2022 and the deceased and Accused No.1 were staying at Ameenpur. The father of the deceased also stated that he had given Rs.10 lakhs towards dowry and 10 Tulas of gold and other articles at the time of marriage.

5.

Learned Counsel appearing for the defacto complainant submits that the offence is heinous in nature and these petitioners cannot be granted the relief of bail.

6.

The statement of LWs.1 to 7 are recorded which shows the acts of these petitioners in harassing the deceased stating that she was responsible for the car accident. Learned Sessions Judge having found that investigation was complete granted bail to Accused No.1 on conditions.

7.

Since the entire investigation is complete, the detention of these petitioners would not serve any purpose at this stage. Further, the only allegation against these petitioners is that they have abused the deceased for the reason of the said accident. The Crime was registered at Ameenpur, Sanga Reddy District and Accused No.1 and the deceased staying at Ameenpur, Sanga Reddy District. In the said circumstances, these petitioners who are parents of the Accused No.1, residents of Nizamabad, can be granted the relief of Anticipatory Bail.

8.

Accordingly, the Criminal Petition is allowed and the petitioners /A2 and A3 shall be enlarged on bail in the event of their arrest, subject to the following conditions:

1) The petitioners/A2 and A3 are directed to surrender before the Station House Officer, Ameenpur Police

Station, Sangareddy District, within a period of ten days from the date of this order. On such surrender, the said Station House Officer shall release the petitioners /A2 & A3 on bail, on their executing personal bonds for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties in a like sum each to his satisfaction.

2) On such release, the petitioners/A2 & A3 shall appear before the police as and when required, for the purpose of investigation.

3) The petitioners/A2 & A3 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.

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

__________________ K.SURENDER, J Date :29.08.2022 tk

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No. 6872 of 2022 Dt.29.08.2022 tk