Badavath Somu v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO. 8480 OF 2022 ORDER:

This Criminal Petition is filed under Sections 437 and 439 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking regular bail to the petitioners/A1 & A3 in connection with Crime No.154 of 2022 on the file of Gudur Police Station, Mahabubabad, for the offences punishable under Section 306 read with 34 of the 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 son of defacto complainant committed suicide for the reason of his wife having extra marital relation with Accused No.1. Accused No.3 is the driver of Accused No.1 who used to take the deceased in his car and drop her at her house after spending time with Accused No.1. According to the Dying Declaration, the deceased stated that his wife was having extra marital relation with Accused No.1 and though 'panchayat' was held, their relation did stop; and that when the wife of deceased went to her parents house, though the deceased requested to came back, she did not return and stated that he can complain to whomsoever he wants to complain. Further, he has also seen his wife two or three times along with MPTC of Ramulu Thanda.

4.

Admittedly, there was never any confrontation in between the petitioners and the deceased. Even according to the complaint and the Dying Declaration which was given by the deceased, he suspected that the 1st petitioner was having illicit intimacy with his wife and thereafter his wife left him and refused to join him.

5.

In the said circumstances, these petitioners can be granted the relief of regular bail on the following conditions; i) The petitioners/A1 & A3 shall execute personal bonds for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties for a like sum each to the satisfaction of Additional Judicial First Class Magistrate at Mahabubabad. (ii) The petitioners/A1 & A3 shall appear before the concerned Station House Officer, on every Monday between 10.30 A.M. to 1.00 P.M. for a period of eight weeks or until filing of charge sheet, whichever is earlier, for the purpose of investigation. iii) The petitioners/A1 & A3 shall abide by the other conditions stipulated in Section 437(3) of Cr.P.C.

6.

Accordingly, the Criminal Petition is allowed. Miscellaneous applications, pending if any, shall stand closed. _________________ K.SURENDER, J Date: 27.09.2022 tk

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO. 8480 OF 2022 Dt.27.09.2022 tk