Bolishetti Shivaiah And 2 Others v. The State Of Telangana

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No. 7060 of 2022 ORDER:

This Criminal Petition is filed under Section 438 of Cr.P.C. by petitioners/A1 to A3 seeking bail in the event of their arrest in connection with Crime No.146 of 2022 on the file of Husnabad Police Station, Siddipet District, registered for the offences punishable under Sections 306 read with 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 allegations against these petitioners are that they are committee members of the Primary Agricultural Co-operative Society. The deceased was working as an employee in the said society on a temporary basis. The deceased was found dead by his father and the father filed complaint stating that the deceased was continuously harassed by these petitioners suspecting that he had misappropriated the amount which was given to him for depositing in the Bank; and that for the said reason of insisting and harassing the deceased regarding the deficit amount, the deceased was mentally upset and committed suicide.

4.

Learned Assistant Public Prosecutor submits that there is a video recording which was made by the deceased prior to his death and the same was sent for FSL examination.

5.

As seen from the allegations in the complaint, the petitioners were asking the deceased for the alleged defalcated amount for which reason the deceased committed suicide. There are no allegations regarding any abetment to commit suicide as required under Section 107 of the Indian Penal Code. Since there is no abetment by these petitioners in commission of suicide by the deceased, these petitioners can be granted the relief of Anticipatory Bail.

6.

Accordingly, the Criminal petition is allowed and the petitioners/A1 to A3 shall be enlarged on bail in the event of their arrest, subject to the following conditions:

1) The petitioners/A1 to A3 are directed to surrender before the Station House Officer, Husnabad, Siddipet 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/A1 to A3 on bail, on their executing personal bonds for a sum of Rs.50,000/- (Rupees fifty Thousand only) each with two sureties for a like sum each to his satisfaction.

2) On such release, the petitioners/A1 to A3 shall appear before the concerned Station House Officer every Monday between 10.00 A.M to 1.00 P.M, for a period of eight weeks, for the purpose of investigation.

3) The petitioners/A1 to 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 : 18.08.2022 tk

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No. 7060 of 2022 Dt.18.08.2022 tk