Nallam Kumaraswamy v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.9892 OF 2022 O R D E R:

This Criminal Petition is filed under Section 438 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") seeking pre-arrest bail to the petitioners/Accused Nos.3 and 4 in the event of their arrest in connection with Crime No.105 of 2022 on the file of Station House Officer, Inavole Police Station, Warangal registered for the offences punishable under Section 306 of Indian Penal Code.

2.

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

3.

Learned counsel for the petitioners submits that the case against the petitioner No.1 is dismissed as infructuous. 4.

It is the case of the prosecution that, petitioners /Accused were Managers of M/s. Five Star Business Finance Limited. The deceased, who is the wife of the de facto complainant took loan amount of Rs.6,00,000/- from the

caste society (gouda) of Ainavole and an amount of Rs.3,00,000/- from Private Finance. As she was unable to repay the said amount, she committed suicide by drowning in the agricultural well of the village.

5.

In the remand report of petitioner No.1 it is mentioned that Petitioners went to the house of the de facto complainant and insisted for payment of two installments which were pending. Thereafter, it is alleged that the deceased committed suicide and she was found floating in village well. 6.

According to the learned Public Prosecutor the petitioners went to the house of the de facto complainant and made writings on the wall of the house stating that the said house belongs to the Finance Company as the loan installments were not paid. Having seen the said writings on the wall, the wife of the de facto complainant committed suicide by drowning in the well.

7.

Admittedly, the allegation against the petitioner Nos.2 and 3, who were the managers of M/s. Five Star Business Finance Limited. The loan amount was outstanding and the outstanding is accepted by the de facto complainant. In the

said circumstances, the petitioner Nos.3 and 4 can be granted the relief of anticipatory bail.

8.

Accordingly, the Criminal Petition is partly allowed. The petitioners/Accused Nos.3 and 4 are granted anticipatory bail subject to the following conditions:

i) The petitioners/Accused Nos.3 and 4 are directed to surrender before the Station House Officer, Inavole Police Station, Warangal within ten (10) days from today, and on such surrender, he shall be enlarged on bail on executing personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties each to the like sum each, to its satisfaction.

ii) The petitioners/Accused Nos.3 and 4 shall appear before the concerned Station House Officer on every Monday, Wednesday and Friday between 10.30 AM and 01.00 PM for a period of six weeks and thereafter as and when required for the purpose of investigation.

iii) The petitioners/Accused Nos.3 and 4 shall abide by the other conditions stipulated in Section 438(2) Cr.P.C. Miscellaneous applications, if any pending, shall stand closed.

_________________ K.SURENDER, J Date: 14.11.2022 MNV/PLP

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.9892 OF 2022 Dated: 14.11.2022 MNV/PLP