Vadiampudi Laxmi v. The State Of Telangana

HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION NO.7943 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-1 and A-2, for grant of anticipatory bail in Crime No.157 of 2018 of P.S. Chikkadpally, Hyderabad, registered for the offence punishable under Section 306 read with Section 34 of the Indian Penal Code. Heard the learned counsel for the petitioners/A-1 and A-2, the learned Additional Public Prosecutor representing the respondentState and perused the record. In the FIR, it is inter alia stated that on 23.04.2018, one Sridevi, W/o. K. Hariprasad Rao, gave complaint stating that on 23.04.2018 she received a phone call from police personnel of PS Chikkadpally stating that her husband was found dead at Bus Bhavan Lane, Chikkadpally and they asked her to come and identify the body.

She went to the Police Station and found her husband's body in ambulance and came to know that her husband consumed poison. A Whatsapp video was found in the deceased mobile wherein the deceased stated that he was bankrupted and unable to pay his debts, on that he decided to commit suicide. During the course of investigation, it was found that the deceased sent videos to L.W.4 on 22.04.2018 and committed suicide because of A-1, A-2 and one other person, who gave money to the deceased at the rate of Rs.3/- interest on principal amount and they used to make calls to the deceased frequently for money.

Learned counsel for the petitioners/A-1 and A-2 would submit that the petitioners/A-1 and A-2 are innocent of the offence alleged against them and they have been falsely implicated by alleging that

the petitioners abetted the deceased to commit suicide. It is further submitted that the deceased had financial issues and was unable to pay the debts not only to the petitioners but also having bank debts. It is further submitted that the petitioners are falsely arrayed as accused Nos.1 and 2 and they hail from respectable families with unsullied social image and reputation. They are law abiding citizens and will not evade the due process of law if they were released on bail. The petitioners are having movable and immovable properties and they are ready to offer security for their release and also undertake to abide by the conditions that may be imposed by this Court. Hence, he prayed to grant anticipatory bail to the petitioners/A-1 and A-2.

Learned Additional Public Prosecutor representing the respondent-State opposed to grant anticipatory bail to the petitioners/A-1 and A-2.

As seen from the contents of the F.I.R., there are specific allegations against the petitioners/A-1 and A-2 that they lent money to the deceased and even though the deceased has been paying interest at the rate of Rs.3/- every month on the principal amount, the petitioners used to frequently call the deceased and used to ask money other than the interest and because of such harassment, the deceased committed suicide.

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-1 and A-2. The Criminal Petition is, accordingly, dismissed.

Miscellaneous applications, if any, pending shall stand dismissed.

_________________ (G. SRI DEVI, J) 19th December 2019 RRB