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High Court for State of TelanganaCRLP/12618/2023partly allowed no costs

Jagannatham Suthari v. The State Of Telangana

2023-12-26K.Surender4 pages

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.12618 of 2023 ORDER:

This Criminal Petition is filed under Section 438 of Cr.P.C. by petitioners/accused Nos.1 and 2 seeking anticipatory bail in the event of their arrest in connection with F.I.R No.206 of 2023 dated 19.11.2023 on the file of the Indalwai Police Station, Nizamabad District, registered for the offences punishable under Sections 498-A and 306 of the Indian Penal Code (for short 'IPC'). 2.

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

3.

The de facto complainant is the father of the deceased. The deceased is wife of accused No.1. It is alleged that the marriage of accused No.1 with the deceased was performed on 13.12.2018. A dowry of Rs.2.25Lakhs was given along with gold and other customary gifts. The deceased gave birth to two children. On 19.11.2023, the deceased committed suicide. The de facto complainant went and saw the deceased and he found black colour injuries on the neck. The reason for the suicide was the husband and the mother-in-law who were physically and mentally

harassing the deceased. The deceased disgusted with the torture committed suicide.

4.

As seen from the complaint given by the father of the deceased, nothing specific is alleged regarding any dowry or any other reason for the alleged harassment. Since bald allegation is made against accused No.2, this Court deems it appropriate to grant relief of anticipatory bail to her, subject to the following conditions:

1) The petitioner No.2/accused No.2 is directed to surrender before the Station House Officer, PS, Indalwai, on or before 03.01.2024. Upon such surrender, the said Station House Officer shall release the petitioner No.2/accused No.2 on bail, on her executing personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties for a like sum each to his satisfaction.

2) On such release, the petitioner No.2/accused No.2 shall appear before the concerned police on every Monday between 10am to 12pm for a period of four

(04) weeks and thereafter, as and when required for the purpose of investigation.

3) The petitioner No.2/accused No.2 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.

5.

Accordingly, the Criminal Petition is partly allowed. The prayer for anticipatory bail to petitioner No.1/accused No.1 is refused. Miscellaneous applications, if any pending in this criminal petition, shall stand closed.

__________________ K.SURENDER, J Date : 26.12.2023 gvl/ktm

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.12618 of 2023 Dt.26.12.2023 gvl/ktm