Kashaboina Yadagiri v. The State Of Telangana

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.15214 of 2024 ORDER:

This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for granting of pre-arrest bail to the petitioners in Crime No.594 of 2024 before the Gajwel Police Station, Siddipet, Siddipet District.uled of d 2.

The brief facts of the case are that on 15.11.2024 at 12.30 hours, the deceased by name Kashaboina Renuka and Kashaboina Bhanu-Acused No.1 performed inter caste love marriage. Later, accused No.1 used to harass the deceased physically and mentally and the parents of Accused No.1 also used to harass the deceased in the name of caste. As such, vexed with their intolerable harassment, the deceased committed suicide. Hence, a case was registered vide Crime, the above Crime was registered vide Crime No.594 of 2024 before the Gajwel Police Station, Siddipet, Siddipet District, registered for the offences punishable under Sections 85, 108 of Bharatiya Nyaya Sanhita, 2023 and 3(1) (r) (s), 3(2) (va) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.ule

3.

Heard Sri Kasireddy Mohan Chandra Has, learned counsel for petitioners, and Sri Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for respondent - State. 4.

Learned counsel for the petitioner submitted that the petitioners, who are the parents and brother of the accused No.1, never harassed the deceased and never abetted her. He further submitted that though there is no corroborative evidence, the petitioners are implicated in the case with false and fabricated allegations. He also submitted that the petitioners are residents of Siddipet, with movable and immovable properties and as such, there is no possibility of absconding. Therefore, he prayed the Court to grant pre-arrest bail to the petitioners by allowing this Criminal Petition. 5.

On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioners stating that the allegations leveled against the petitioners are of serious in nature and they are also responsible for the death of the deceased and also investigation is not yet completed. Therefore, prayed the Court to dismiss the criminal petition.

6.

Having regard to the rival submissions made and on going through the material placed on record, it apparent that there are disputes between the families and except omnibus allegations there are no specific allegations against the petitioners to show that they have instigated or abetted the deceased to commit suicide. Therefore, considering the facts and circumstances of the case, this Court is of the considered view that it is a fit case for granting of anticipatory bail to the petitioners.

7.

Accordingly, this petition is allowed granting anticipatory bail to the petitioners subject to the following conditions: i.

The petitioners shall surrender before the Station House Officer of P.S. Gajwel, within two weeks from today, and on such surrender, the said Station House Officer shall release their on bail on executing a personal bond for Rs.25,000/- with two sureties, for the like sum each.

ii.

The petitioners shall appear before the concerned Station House Officer on every Monday between 9:00 A.M. to 5:00 P.M., for a period of eight (08) weeks or

till filing of charge sheet whichever is earlier.

iii.

The petitioners shall abide by the other conditions stipulated in Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.

8.

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

_______________ K. SUJANA, J Date: 26.12.2024 dsv

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.15214 of 2024 Date: 26.12.2024 dsv