Myadari Vani v. The State Of Telangana

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.8796 OF 2023 ORDER:

This Criminal Petition is filed under Section 438 of Cr.P.C. by petitioner/A-2 in connection with Crime No.320 of 2023 on the file of Korutla Police Station, Jagtial District, registered for the offence punishable under Section 306 r/w. 34 of IPC.

2.

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

3.

The suicide of the deceased lead to registration of crime under Section 306 of IPC. A complaint was also filed alleging that the deceased was constructing a house and this petitioner who is arrayed as A-2 along with her husband/A-1 and another neighbor/A-3 were causing obstruction to the said construction and in the said process, they lodged a complaint before the Municipal authorities.

4.

A-1 and A-3 were arrested by the Police.

5.

Learned counsel appearing for the petitioner would submit that the alleged complaint to the municipal authorities regarding illegal construction will not amount to instigating the deceased to commit suicide. 6.

Learned Additional Public Prosecutor has produced the suicide note. In the said suicide note, it is mentioned that Myadari Rajesh (A-1) was responsible for her death. The reason for her death was quarrel that has taken place regarding construction of the house. The name of this petitioner is not mentioned in the suicide note. 7.

Keeping in view that there were disputes regarding construction and this petitioner's name is not mentioned in the suicide note, the petitioner can be granted anticipatory bail, subject to the following conditions:

1) The petitioner/A-2 is directed to surrender before the Station House Officer, Korutla Police Station, Jagtial District, on 25.09.2023.

On such surrender, the said Station House Officer shall release the petitioner/A-2 on bail, on his executing personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only)

with two sureties for a like sum each to his satisfaction.

2) On such release, the petitioner/A-2 shall appear before the concerned Station House Officer as and when required, for the purpose of investigation.

3) The petitioner/A-2 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.

8.

Accordingly, the Criminal Petition is allowed.

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

__________________ K.SURENDER, J Date : 20.09.2023 dv

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No. 8796 of 2023 Dt.20.09.2023 dv