Komma Srinivasa Rao And 4 Others v. The Station House Officer And Another

[ 31s8 ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT ,.

HYDERABAD ,/, WEDNESDAY, THE TWENTY SECOND DAY OF ]ANUARY TWO THOUSAND AND TWENTY :PRESENT:

THE HONOURABLE JUSTICE G SRI DEVI .- CRIMINAL PETITION NO: 8458 OF 2OL9 /..

Between:

1. Komma Srinivasa Rao S/o. Late K.Pentaiah,

2. Komma Lalitha Kumari, W/o K. Srinivasa Rao,

3. Natti Pavani, D/o K. Srinivasa Rao,

4. Komma Naveen, S/o K. Srinivasa Rao,

5. Ch. Krishnaveni, W/o. Ch. Narayan Rao, Petitioners/Accused No. 1 to 5 AND

1. The Station House Officer and Another, Ameenpur, Police Station, Sanga Reddy District.

2. The State of Telangana, Rep. by Public Prosecutor, High Court Telangana, Hyderabad.

Respondent/ Complainant Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to enlarge the petitioners/Accused no. 1to 5 on bail in Cr. No. 240 of 2019 of Ameenpur Police Station, Medak District dated 20108/2019 in the event of their arrest in the said crime.

The petition coming on for hearing/ upon perusing the Petitlon and the affidavit filed in support thereof and upon hearing the arguments of SRI MURALIDHAR REDDY KATRAM Advocate for the Petltioners and Additional Public Prosecutor for the Respondent No.2, the Court made the following. ORDER:

THE HONOURABLE JUSTICE G. SRI D:VI CItLMINAL PETITION No-8458 of 201t) ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by petitionersiAl to A5, seeking to grant anticipatory bail to them in Crime No.240 of 2019 on the file of Ameenpur Police Station, Sangareddy District, reglstered for the offence under Section 174 Cr.P.C.

2.

Heard learned counsel for the petitioners/A1 to A5, learned Additional Public Prosecutor representing the respondent-State and perused the record.

3.

lt is alleged in the complaint that the brother-in-law of the defacto complainant, namely, Netti Aditya, aged 27 years, has committed suicide by hanging himself in his flat on 20.08.2019 at about 4.32 hours, because of the harassment made by his wife and her parents.

4.

Learned counsel for the petitioners/A1 to A5 submits that the police registered the crime initially under Section 174 Cr.P.C., and later, on accounl of suicide note, the Section of law,"vas altered to Section 306 lPC. He further submits that on the date of death of the deceased, petitioner Nos.'t ,2,4 and 5 were not present at Hyderabad and petitioner No,3 also left to her office due to night shift and as such, there is no question of abetment of suicide by petitioners and the deceased was alone in the house. He further submits that the contents of suicide note do not attract the ingredients of the alleged offence. He further submits that the petitioners are law abiding

citizens and they shall cooperate with the investigation and they shall abide by any condition imposed by this Court. 5.

Learned Additional Public Prosecutor vehemently opposed to grant anticipatory bail to the petitioners and submits that as per the suicide note left by the deceased, there are specific allegations against the petitioners, particularly against petitioner Nos.3 and 5 and hence, these two petitioners are not entitled for anticipatory bail.

6. As seen from the contents of suicide note, the deceased categorically stated that due to the harassment inflicted upon him by petitioner Nos.3 and 5, he has taken a drastic step to commit suicide. Since there are specific allegations of inflicting torture by petitioner Nos.3 and 5 in the suicide note, Iam not inclined to grant anticipatory bail to them and accordingly, their prayer for anticipatory bail is rejected.

7.

However, as per the suicide note, there are general allegations leveled against petitioner Nos.1 ,2 and 4 and there is no specific allegation that they have abetted or inflicted torture on the deceased to commit suicide and therefore, lam inclined to grant anticipatory bail to them with certain conditions. 8.

Accordingly, the Criminal Petition is partly allowed and petitioner Nos.1,2 and 4141, A2 and 44 are directed to surrender before the Station House Officer, Ameenpur Police Station, Sangareddy District, within a period of 15 days from the date of this order. On such surrender, the said Station House Officer shall release petitioner Nos.1,2 and 4141, 42 and 44 on bail on their executing a personal bond for a sum of Rs.25,000/- (Rupees twenty

aJ five thousand only) each with two sureties for a like sum each to his / satisfaction. On such release, the petitioner Nos.1,2 and 4lA1 , A2 and A4 shall appear before the lnvestigating Officer on 1't and 3'd Saturday of every month between 10.00 AM to 2.00 PM., till completion of investigation or filing of the charge sheet, whichever is earlier and they shall abide by the conditions stipulated in Section 438(2) Cr.P.C and co-operate with the investigating officer in investigating the r:ase.

9.

The Criminal Petition is dismissed against the petitioner Nos.3 and 5/A3 and A5.

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

I SD - K. PRABH AKAR I t"

ASSISTANT EGIS //TRUE COPY'

SECTION OFFIC ER To TheSecondClassExecutiveMaqistrate(Tahasilda0atAmeenpu The Station House Officer' il;;"pu'

Pblice Station' Medak Distrtct . One CC IO SRI' MURALIDH;R-NJOOV KATRAM AdVOCAIC IOPUCI . Two CCs Public ProsecutJi Uigf' Court at Hyderabad lOUTl q . One SPare CoPY GR

HIGH COURT GSDJ DATED:22101120it0

ORDER

CRLP.No.8458 of 12019 BATL r.'l'f ?? ut Zal, ,rl ,l/