Guruvinda Durgamma Or Durga v. The State Of Andhra Pradesh

HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION No.9560 of 2018 ORDER :

This criminal petition filed under Section 438 Cr.P.C. by the petitioners/A.2 to A.6, among six accused, in Crime No.137 of 2018 of Pamarru Police Station, Krishna District, registered for the offence punishable under Section 306 read with 34 IPC, dated 17.06.2018. 2.

The petitioners, who went unsuccessful in seeking anticipatory bail before the learned Sessions Judge in Crl.M.P.No.357 of 2018, dated 28.08.2018, also filed application for anticipatory bail before this Court and withdrawn covered by Crl.P.No.7034 of 2018, dated 01.08.2018, moved this fresh anticipatory bail application. 3.

Heard learned counsel for the petitioners and learned Public Prosecutor, representing the State, and perused the First Information Report, bail application averments of the bail granted to A.1 after her arrest, remand report and the S.S.C. certificate of the eldest daughter, by name S.Yamuna, of the deceased and A.1 shows born on 05.01.2000, a major, and the Part-I case diary including the suicide note of the deceased.

4.

A perusal of the case diary, particularly the suicide note of the deceased shows even though his eldest daughter Yamuna wanted to marry one Ajay of their village from their love affair, being major, A.1/the wife of the deceased along with parent's family of her and brother compelled to perform the marriage of Yamuna with A.1's

brother's son and even she expressed willingness and come out, they did not allow, however, she escaped from their clutches and came to the deceased even the deceased tried to persuade, they abused and insulted. While the daughter of the deceased was staying with the deceased, A.1/the wife of the deceased, along with younger daughter came there and tortured, ultimately unable to bear with the torture, he committed suicide.

5.

A perusal of the record shows there is instigation and aiding prima facie from these petitioners also. Having regard to the above, it is not a case for anticipatory bail even A.1 was granted regular bail, but for liberty left open to surrender and move for regular bail and decide on own merits.

6.

Accordingly, the criminal petition is dismissed. Miscellaneous petitions pending, if any, shall stand closed. ____________________________ Dr. B. SIVA SANKARA RAO, J 14th September 2018.

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