Mrs. Sadia Begum Alias Tabassum v. The State Of Telangana

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No. 8027 of 2022 ORDER:

This Criminal Petition is filed under Section 438 of Cr.P.C. by petitioners/A1 to A4 seeking bail in the event of their arrest in connection with Crime No.402 of 2022 on the file of Sanath Nagar Police Station, Cyberabad (R.R.District), registered for the offences punishable under Sections 306 R/W. 34 of Indian Penal Code. 2.

Heard learned counsel for the petitioners and learned Assistant Public Prosecutor for the respondent-State and perused the record.

3.

The case against the petitioners is that the first petitioner is the wife of the deceased who was married 12 years prior to the death of her husband and they had two children. The complaint was filed by the younger brother of the deceased stating that the first petitioner-wife and her family members were continuously harassing the husband of first petitioner for which reason he committed suicide.

4.

The learned counsel for the petitioners submits that there were matrimonial disputes in between Accused No.1 and the deceased for which reasons a complaint was lodged six months

prior to the said incident; and that since the deceased had undertaken not to harass A1 and take care of her and her children, no case was registered.

5.

As seen from the complaint, it is the case that the husband of Accused No.1 was mentally harassed. However keeping in view the background of the case that the first petitioner earlier complained to the police and counseling had taken place, these petitioners can be granted the relief of Anticipatory Bail, since the issues involved are matrimonial issues. There is no allegation in the complaint that prior to the death there was an altercation or any such incident compelling the deceased to commit suicide. 6.

Accordingly, the Criminal Petition is allowed and the petitioners are granted anticipatory bail in the event of their arrest, subject to the following conditions:

1) The petitioners/A1 to A4 are directed to surrender before the Station House Officer, Sanathnagar Police Station, Cyberabad (Ranga Reddy), within a period of ten days from the date of this order. On such surrender, the said Station House Officer shall release the petitioners/A1 to A4 on bail, on their executing personal bonds for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties for a like sum each to his satisfaction.

2) On such release, the petitioners/A1 to A4 shall appear before the concerned police on every Monday between 10.00 a.m. to 1.00 p.m. for a period of two months, for the purpose of investigation.

3) The petitioners/A1 to A4 shall abide by the other conditions stipulated in Section 438(2) of Cr.P.C and shall co-operate with the Investigating Officer in investigating the case.

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

__________________ K.SURENDER, J Date : 19.09.2022 tk/Aqs

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No. 8027 of 2022 Dt.19.09.2022 tk/Aqs