Emmidishetty Karunakar And 2 Others v. State Of Telangana

HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION No.9521 of 2021 O R D E R:

This Criminal Petition under Sections 437 and 439 Cr.P.C. is filed by petitioners - A-1 to A-3 in Crime No.181 of 2021 on the file of Doultabad Police Station, Siddipet, registered for the offences punishable under Sections 304-B, 498-A read with 34 IPC and under Sections 3 and 4 of Dowry Prohibition Act, seeking bail.

2.

The case of prosecution is that the father of the deceased Smt Lasya @ Kanakalaxmi, lodged a complaint stating that after marriage, A1 along with the other accused has harassed his daughter mentally and physically for additional dowry and also harassed her continuously stating that she is unfertile woman, due to which she consumed pesticide poison and died while undergoing treatment.

3.

Learned counsel for petitioner Sri D. Madhava Rao, submits that the petitioners are languishing in jail since 10.11.2021 and as material part of the investigation is completed, there cannot be any apprehension to the police that the petitioners may tamper the evidence or influence the witnesses and hence, their case may be considered for grant of bail. 4.

On the other hand, learned Assistant Public Prosecutor submits that within 6 months of the marriage, the girl, who is aged about 19 years, has committed suicide because of the harassment meted out by the petitioners and that in view of the allegations in the complaint and the nature of allegations, the petitioners are not entitled for bail. 5.

While granting bail to the accused, the Court has to take into consideration the nature of accusation and the severity of punishment. Taking into consideration the fact that the petitioners are languishing in jail since 10.11.2021 i.e., from the last 40 days, and as it appears that

material part of the investigation is completed, this Court deems it appropriate to grant bail to them.

6.

The Criminal Petition is allowed. Petitioners - Accused Nos.1 to 3 shall be enlarged on bail in connection with Crime No.181 of 2021 of Doulthabad Police Station, Siddipet, on their executing a personal bond for a sum of Rs.20,000/- (Rupees twenty thousand only) each with two sureties for a like sum each to the satisfaction of the VI Additional District and Sessions Judge at Siddipet.

________________________ LALITHA KANNEGANTI, J 21st December, 2021 sj