Menchu Hemalatha v. The State Of Telangana

THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.8017 of 2019 ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by the petitioners/A-1 to A-3 seeking to grant anticipatory bail in the event of their arrest in Crime No.264 of 2019 on the file of II Town Police Station, Suryapet District, registered for the offence punishable under Section 306 IPC.

2.

Heard learned counsel for the petitioners, learned Additional Public Prosecutor appearing for the respondentState and perused the record. 3.

Learned counsel for the petitioners submitted that petitioner No.1 is the wife of the deceased, petitioner No.2 is the mother of petitioner No.1; that the petitioners are innocent and they have not committed any offence as alleged in the complaint; that due to the differences between petitioner No.1 and the deceased, both of them are living separately and mediations are going on; that the reason of death of the deceased is not known to the petitioners; that only to harass the petitioners, the de facto complainant roped them into the false case by concocting a false story; that petitioner No.1 is suffering with stomach pain and undergoing treatment and the doctors have advised her to undergo surgery; that petitioner No.2 is also suffering from illness; that the petitioners have got fixed place of abode; and that they are ready to abide by any

conditions that may be imposed by this Court in the event of their enlargement on anticipatory bail.

4.

Learned Additional Public Prosecutor vehemently opposed to grant anticipatory bail to the petitioners. 5.

As seen from the contents of the F.I.R., there are specific allegations against the petitioners that for the last three years there are some disputes between petitioner No.1 and her husband i.e., the deceased and several panchayats were held in this regard; that about 15 days prior to the date of complaint, petitioner No.1 picked up a quarrel with the deceased and has left him; that five days prior to the death of the deceased, petitioner No.1 again along with her parents quarreled with the deceased and they called the deceased to the petrol bunk and assaulted him, as a result of which, the deceased suffered humiliation and harassment and unable to bear the same, he committed suicide. Thus, looking into the nature of allegations levelled against the petitioners and the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioners.

6.

The Criminal Petition is accordingly dismissed. 7.

Miscellaneous applications, if any pending in this criminal petition, shall stand dismissed.

__________________ JUSTICE G.SRI DEVI 17th December, 2019 dr