Sri. Manthri Ajay v. The State Of Telangana

`THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.14131 of 2024 ORDER:

This Criminal Petition is filed under section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of prearrest bail to the petitioner who is arrayed as accused in Crime No.1055 of 2024 of Jeedimetla Police Station, Cyberabad for the alleged offence under Section 194 of BNSS. 2.

The brief facts of the case are that the brother of the deceased lodged a report with the police stating that since 5 years his sister is in love with the petitioner and the petitioner herein assured to marry her and he kept postponing the marriage and in the month of August, 2024 the petitioner came to their house and assured to marry his sister and asked for one month time and after 45 days time the complainant called the petitioner and asked him about the marriage on which there was a quarrel between the complainant family members in which the deceased beat the complainant and his parents, due to the complainant's mother filed a complaint against the deceased at Sakhi Centre Jagtial

where they called and given 4 months time for their marriage discussion. While things stood thus, on 11.11.2024 at about 1300 hours the complainant's sister while she was alone at home committed suicide by hanging to ceiling fan with chunni and died.

3.

Heard Ms. S.P.Mamatha , learned counsel appearing on behalf of the petitioner as well as Sri Syed Yasar Manoon, learned Additional Public Prosecutor appearing on behalf of the respondent No.1-State.

4.

Learned counsel for the petitioner submitted that the petitioner never refused to marry the deceased and there are disputes between the parents of the petitioner and deceased family members and he is no way responsible for the death of the deceased. The allegations foisted against this petitioner are false and baseless. Hence, prayed for grant of anticipatory bail to the petitioner.

5.

On the other hand, learned Additional Public Prosecutor submitted that there was a transaction of transfer of Rs.5,00,000/- from the account of the deceased to the account of the petitioner herein and the investigation is in progress, as such he prayed to dismiss the petition.

6.

Having heard the learned counsel for the petitioner and learned Additional Public Prosecutor, the only allegation against this petitioner is that the petitioner is in love with the deceased and he refused to marry the deceased as such she committed suicide, whereas the complaint itself shows that there are disputes between the deceased and her parents and mother of deceased gave a complaint to Sakhi Center. Furthermore, prima facie there is no specific allegation or overt acts to show that the petitioner herein has abetted for commission of suicide by the deceased. Therefore, this Court is of the considered view that it is a fit case for grant of anticipatory bail to the petitioner.

7.

Accordingly, this petition is allowed granting anticipatory bail to the petitioner subject to the following conditions:

i.

The petitioner shall surrender before the Station House Officer of P.S.

Jeedimetla, within two weeks from today, and on such surrender, the said Station House Officer shall release him on bail on executing a

personal bond for Rs.25,000/- with two sureties, for the like sum each.

ii.

The petitioner shall abide by the other conditions stipulated in Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023 and co-operate with the Investigating Officer in investigating the case.

iii.

The petitioner shall appear before the concerned SHO between 09:00 a.m.

and 05:00 p.m., on every Monday for a period of eight (8) weeks, for the purpose of investigation, and thereafter, as and when required or till filing of charge sheet, whichever is earlier.

Miscellaneous applications, if any pending, shall stand closed.

_______________ K. SUJANA, J Date:04.12.2024 VRKS

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.14131 of 2024 Date: 04.12.2024 VRKS