Kethavath Tulchya @ Tulasiram v. The State Of Telangana

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No. 10473 of 2023 ORDER:

This Criminal Petition is filed under Section 438 of Cr.P.C. by petitioners/A2 & A3 seeking bail in the event of their arrest in connection with Crime No.116 of 2023, on the file of Thimmajipet Police Station, Nagarkurnool District, for the offences punishable under Section 304-B r/w.34 of the Indian Penal Code.

2.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the respondent-State and perused the record. 3.

The father of the deceased, who is the father-in-law of Accused No.1 filed the present complaint stating that he got his daughter married to A1 on 11.05.2023. At the time of marriage, dowry was given. Two months prior to her daughter's death, A1 and these petitioners who are the parents-inlaw of the deceased harassed the deceased saying that she was not bearing children. Further, they were also stating that she was sitting idle in the house without doing any work. Number of times, the defacto complainant requested Accused No.1 saying that he would arrange for additional dowry and requested to look after the deceased properly. However, call was received on 30.08.2023 stating that the deceased committed suicide by hanging herself.

4.

As seen from the complaint, the allegation against these petitioners is that they were abusing the deceased stating that she was not bearing children. The said allegation appears to be improbable. The question of bearing children within three months of marriage would not arise.

5.

However, keeping in view that omnibus allegations are leveled against these petitioners stating that they were ill-treating the deceased along with A1, the petitioners who are parents of A1 can be granted the relief of Anticipatory bail, subject to the following conditions:

1) The petitioners/A2 & A3 are directed to surrender before the Station House Officer, Thimmajipet, Nagarkurnool, on or before 30.10.2023. On such surrender, the said Station House Officer shall release the petitioners/A2 & A3 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 petitioner No.1/A2 shall appear before the concerned police on every Monday between 10.00 a.m. to 1.00 p.m. for a period of eight weeks, for the purpose of investigation. Petitioner No.2/A3 shall appear before the concerned Police as and when required.

3) The petitioners/A2 & A3 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 : 20.10.2023 tk

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No. 10473 of 2023 Dt.20.10.2023 tk