Bagadi Kalyani v. The State Of Telangana

HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION NO.7684 OF 2019 ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.), is filed by the petitioners/A-3 and A-4, for grant of anticipatory bail in Crime No.346 of 2019 of P.S. Inthezargunj, Warangal District, registered for the offences punishable under Sections 498-A and 304-B read with Section 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961.

Heard the learned counsel for the petitioners/A-3 and A-4, the learned Additional Public Prosecutor representing the respondentState and perused the record. In the FIR, it is inter alia stated that on 28.10.2019, complainant, Poyala Swamy, lodged a report stating that two months back on 28.08.2019 he performed his second daughter Uma's marriage with one Rakesh by giving dowry of Rs.1,00,000/- and household domestic articles. The said marriage was disliked by his son-in-law's brother Raghu and the petitioners/A-3 and A-4 and as such they harassed his daughter mentally and physically for want of additional dowry. His daughter informed him about harassment. That on 28.10.2019 at about 3.30 pm, his son-in-law informed that Uma was dead.

When they went to the house of his son-in-law, they found their daughter dead and lying on bed and it was informed that she committed suicide by hanging to ceiling fan. Learned counsel for the petitioners/A-3 and A-4 would submit that the petitioners/A-3 and A-4 are innocent of the offences alleged against them and they have been falsely implicated in this case.

complainant gave the present report with false and frivolous allegations against the petitioner. The incident took place due to misunderstanding between the deceased and A-1 and the petitioners are not at all responsible for the above said incident. It is further submitted that the petitioners are law-abiding citizens and they are ready to assist the investigating agency. Further, the prosecution examined L.Ws.1 to 13, who are material witnesses and the entire investigation is almost completed and filing of charge sheet is only left. It is further submitted that the petitioners will abide by the conditions, if any, imposed by this Court and are ready to furnish sufficient sureties. Hence, he prayed to grant anticipatory bail to the petitioners/A-3 and A-4.

Learned Additional Public Prosecutor representing the respondent-State opposed to grant anticipatory bail to the petitioners/A-3 and A-4.

As seen from the contents of the F.I.R., there are specific allegations against the petitioners/A-3 and A-4 that they are responsible for the death of the deceased.

Having regard to the facts and circumstances of the case, nature and gravity of the offence, this Court is not inclined to grant anticipatory bail to the petitioners/A-3 and A-4. The Criminal Petition is, accordingly, dismissed. Miscellaneous applications, if any, pending shall stand dismissed.

_________________ (G. SRI DEVI, J) 24th December 2019 RRB