Smt. Yadamma v. The State Of Telangana

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.10737 of 2023 ORDER:

1.

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/Accused Nos.2 and in Crime.No.1364 of 2023 on the file of Meerpet Police Station, Ranga Reddy District, registered for the offence under Section 304-B r/w. 34 of IPC.

2.

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

3.

On 23.09.2023, the wife of A-1 died and the complaint was lodged on 24.09.2023 stating that A-1 was married to the deceased and at the time of marriage, dowry was given. On 07.09.2023, the deceased lodged a complaint against A-1 to A-5 at WPS, Saroornagar. After that, this petitioner denied to take back the deceased for leading conjugal life with A-1. In the said circumstances, vexed with her life, the deceased committed suicide. 4.

Learned counsel appearing for the petitioner would submit that even according to the case of the prosecution, she has lodged a complaint earlier against A-1 to A-5 for the offence under Section

498-A of IPC and she was living separately. As such, the question of there being demand for dowry immediately before her death does not arise.

5.

Keeping in view that the deceased was not staying with the petitioner and moreover omnibus allegations are made against these petitioners who are parents-in-law, the relief of regular bail can be granted, subject to following conditions:- i) The petitioners/Accused Nos.2 and 3 shall execute personal bond for a sum of Rs.20,000/- (Rupees Twenty thousand only) with two sureties, for a like sum each to the satisfaction of VI Metropolitan Magistrate, R.R.District at L.B.Nagar.

ii) The petitioner No.2/Accused No.3 after release shall appear before the concerned Station House Officer at 10:00 a.m on every Monday for a period of eight weeks and thereafter, as and when required for the purpose of investigation. As far as petitioner No.1/A-2 is concerned, she shall appear as and when required.

iii) The petitioners/Accused Nos.2 and 3 shall abide by the other conditions stipulated under Section 437(3) of Cr.P.C. 6.

Accordingly, this Criminal Petition is allowed. Miscellaneous applications, if any pending in this criminal petition, shall stand closed.

__________________ K.SURENDER, J Date : 06.11.2023 dv

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.10737 of 2023 Dt.06.11.2023 dv