Smt. Guggilla Jayasri v. The State Of Telangana

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.12960 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.657 of 2023 on the file of the Karimnagar-II Town Police Station, Karimnagar District, registered for the offence punishable under Section 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 complaint was filed alleging that the deceased went into the Court premises and consumed insecticide and later died. The said complaint was filed on 22.11.2023. The deceased died on 23.11.2023. The crime was registered for the offence under Section 309 of IPC and thereafter, during investigation, after examination of witnesses, Section of law was altered to 306 of IPC and these petitioners are shown as accused. The basis is the statement of the wife of the deceased. In her statement, she stated that petitioner No.1 has taken loan of Rs.8.50Lakhs for campaigning expenditure and also 31⁄2 tulas of gold. The said amount was taken from Tata Capital Finance. Though the

deceased was pleading with these petitioners to return the amount, the petitioners refused to do so and in fact, insulted the deceased and pushed him out of the house on 20.11.2023 when the deceased went to ask for the outstanding amount. 4.

Learned counsel for the petitioner would submit that the said elections happened in the year 2021 and on the basis of a solitary incident of alleged refusal to pay the amount and pushing him out of the house, it cannot be said that it amounts to abetting suicide.

5.

Keeping in view that there are money disputes, this Court deems it appropriate to grant relief of anticipatory bail to the petitioners, subject to the following conditions:

1) The petitioners/accused Nos.1 and 2 are directed to surrender before the Station House Officer, PS, Karimnagar II Town, Karimnagar District, on or before 10.01.2024. Upon such surrender, the said Station House Officer shall release the petitioners/accused Nos.1 and 2 on bail, on their executing personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) each with two sureties for a like sum each to his satisfaction.

2) On such release, the petitioners/accused Nos.1 and 2 shall appear before the concerned police concerned Station House Officer on every day at 10am for a period of two (02) weeks and thereafter, as and when required, for the purpose of investigation.

3) The petitioners/accused Nos.1 and 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.

6.

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

__________________ K.SURENDER, J Date : 03.01.2024 gvl/ktm

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.12960 of 2023 Dt.03.01.2024 gvl/ktm