Maloth Laxman v. State Of Telangana.

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.10330 of 2023 ORDER:

1.

This Criminal Petition is filed under Section 438 of Cr.P.C. by the petitioner/Accused seeking bail in the event of his arrest in connection with Crime.No.179 of 2023 on the file of Shivampet Police Station, Medak District, registered for the offence under Section 306 of IPC.

2.

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

3.

The husband of the deceased lodged a complaint on 26.09.2023 alleging that on 24.09.2023 his wife was present when differences arose in between the deceased, petitioner and others in respect of the property. The said disputes were regarding construction being undertaken, encroachments and set backs.

4.

It is alleged that this petitioner had abused the deceased in filthy language, for which reason, the deceased expressed to the colony residents that she would commit suicide. However,

several persons convinced her not to take such serious step, however, next day she committed suicide.

5.

Keeping in view that the incident was solitary incident where the deceased was allegedly abused and prima facie, the ingredients of Section 306 of IPC would not be attracted, the petitioner can be granted the relief of anticipatory bail, subject to following conditions:-

1) The petitioner/Accused is directed to surrender before the Station House Officer, Shivampet Police Station, Medak District, on or before 27.10.2023. On such surrender, the said Station House Officer shall release the petitioner on bail, on his executing personal bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties for a like sum each to his satisfaction.

2) On such release, petitioner/Accused shall appear before the concerned Station House Officer at 10.00 A.M on every Monday for a period of eight weeks, for the purpose of investigation and thereafter, as and when required.

3) The petitioner/Accused 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.

6.

Accordingly, this Criminal Petition is allowed.

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

__________________ K.SURENDER, J Date : 17.10.2023 dv

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.10330 of 2023 Dt.17.10.2023 dv