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High Court for State of TelanganaCRLP/9036/2021allowed no costs

Smt.Vasantha Laxmi Varma v. The State Of Telangana

2021-12-09Lalitha Kanneganti2 pages

HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION No. 9036 of 2021 O R D E R:

This Criminal Petition under Sections 437 and 439 Cr.P.C. is filed by petitioner - Accused No.2 in Crime No. 364 of 2021 of Chikkadpally Police Station registered for the offences punishable under Sections 304-B, 498-A read with Section 34 IPC. and Sections 3 and 4 of Dowry prohibition Act, seeking bail. 2.

The case of prosecution is that on 01.10.2021 at 14.30 hours, police received a complaint from Smt. B. Jyothi, wherein it is stated that her second daughter B. Sravani was first given in marriage to Sri Mohan, who committed suicide due to financial problems. It is alleged that later, complainant performed her marriage with Sri Varun Kumar after informing about the first marriage. However, since then, petitioner, who is mother-in-law of her daughter started harassing her for additional dowry. While the things stood thus, on 30.09.2021, son-in-law of complainant informed that her daughter fainted, hence, she brought her to their house. On 01.10.2021, at about 12.00 hours, unable to bear the harassment, petitioner committed suicide at the house of complainant.

3.

Learned counsel for petitioner Sri Pramod Singh submits that even as per the case of prosecution, deceased was suffering from epilepsy and suffered attack on 28.09.2021 and 05.10.2021. It is stated that when complainant took her daughter to their house, there she committed suicide. Learned counsel submits that petitioner has

nothing to do with the alleged offences and she has been languishing in jail for more than 60 days. He submits that petitioner is aged about 60 years and suffering from health ailments, hence, her case may be considered for grant of bail. 4.

On the other hand, learned Assistant Public Prosecutor submits that in the suicide note, deceased mentioned the name of petitioner. He submits that so far, ten witnesses were examined and investigation is still pending, at this stage, petitioner is not entitled for grant of bail.

5.

Taking into consideration the age of petitioner and as she is languishing in jail from the last more than 60 days, this Court deems it appropriate to grant her bail. 10.

The Criminal Petition is therefore, allowed. Petitioner - Accused No.2 shall be enlarged on bail in connection with Crime No. 364 of 2021 of P.S. Chikkadpally on her executing a personal bond for a sum of Rs.20,000/- (Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of IX Additional Chief Metropolitan Magistrate, Hyderabad.

___________________________ LALITHA KANNEGANTI, J 09th December 2021 ksld