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High Court for State of TelanganaCRLP/7271/2019dismissed

Myakala Lachavva v. The State Of Telangana

2019-11-20G Sri Devi4 pages

HON'BLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.7271 of 2019 O R D E R :

This Criminal Petition under Section 438 of Cr.P.C. is filed by the petitioners, who are A.1 and A.2, seeking anticipatory bail in Crime No.134 of 2019 of Kodimial Police Station, Jagtial District, registered for the offences punishable under Sections 498-A and 306 r/w. Section 34 of IPC. The case of the prosecution is that on 16.09.2019 at about 15.15 hours, the defacto complainant has lodged a complaint stating that the petitioners/A.1 and A.2, who are inlaws of his deceased 2nd daughter have physically and mentally harassed the deceased by suspecting her chastity and abetted her to commit suicide, due to which the deceased committed suicide by consuming poison.

Heard learned counsel for the petitioners/A.1 and A.2 and the learned Additional Public Prosecutor appearing for the respondent State. Perused the material on record. Learned counsel for the petitioners contends that the petitioners are innocent of the alleged offences and a false case has been foisted against them and no prima-facie case is made out against the petitioners much less for the offences punishable under Sections 498-A and 306 of IPC and only to take vengeance, the complainant has foisted the present crime against the petitioners. It is also contended that the

petitioners never abetted or instigated the deceased to commit suicide and the relationship between the petitioners and the deceased was cordial and the petitioners are not even remotely connected with the alleged offences. It is also contended that the matter has been settled out of Court and the petitioners and the complainant have filed Crl.P.No.7093 of 2019 along with compromise petition. It is further contended that the petitioners are ready to abide by any of the conditions imposed by this Court and would cooperate with the investigation, if they are released on anticipatory bail in the event of their 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 the complaint and the record, there are specific allegations levelled against the petitioners stating that the husband of the deceased went to Gulf country for better prospects about one year back and the victim used to stay in her inlaws house and during her stay, she was subjected to physical and mental torture by the petitioners by suspecting her chastity and they have abetted her to commit suicide, due to which the deceased committed suicide by consuming poison. In view of serious nature of allegations made against the petitioners and also keeping in view involvement of the petitioners in the above crime, I am

not inclined to grant anticipatory bail to the petitioners/A.1 and A.2.

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

________________________ JUSTICE G. SRI DEVI 20.11.2019.

Msr

HON'BLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.7271 of 2019 20.11.2019 Msr