Gogula Aadilaxmi v. The State Of Telangana

THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL PETITION No.15716 of 2024 ORDER :

Petitioner/accused No.2 has filed this petition under Sections 480 and 483 of Bharatiya Nagrik Suraksha Sanhitha, 2023 (for short 'BNSS') seeking bail in Cr.No.845 of 2024 of Neredmet Police Station registered for the offences under Sections 80(2) read with 3(5) of Bharatiya Nyaya Sanhita (for short BNS) and Sections 3 and 4 of Dowry and Prohibition Act. 2.

Heard Mr.R.Thirupathi, learned counsel for petitioner and Sri Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for the State and perused the record.

3.

The case of the prosecution is that de facto complainant lodged a complaint before the Neredmet police station stating that she performed the marriage of her elder daughter with accused No.1 and subsequently after marriage, accused harassed her daughter

physically and mentally demanding additional dowry and later during wedlock she gave birth to one male child and one female child, due to giving birth to female child the accused did not visit her, as a result, her daughter consumed super vasmol and committed suicide at their house and died while undergoing treatment.

4.

Learned counsel for petitioner/accused No.2 submits that the petitioner herein is innocent and has been falsely implicated in the case. He further submits that the de facto complainant has foisted the present complaint against the petitioner/accused No.2 with all false allegations. He further submits that there are no specific allegations against the petitioner/accused No.2 and the ingredients of offences alleged are not attracted. Hence, prayed for grant of bail.

5.

The learned Additional Public Prosecutor, on the other hand, opposed the application stating that there are specific allegations against the petitioner/accused No.2. He further submits that due to the constant

demand for additional dowry of Rs.1 lakh the deceased became vexed and unable to bear with the continuous mental harassment of the accused Nos.1 to 3, she attempted to commit suicide. Hence, prayed to dismiss the petition.

6.

Having heard both sides and on perusal of material placed on record, no specific allegations are levelled against petitioner/accused No.2. In view of the same and considering that major part of the investigation is completed and petitioner/accused No.2 is in judicial custody since 24.11.2024, this Court is inclined to grant bail to the petitioner/accused No.2, subject to the following conditions:

1. The petitioner/accused No.2 shall be released on bail on her executing a personal bond for Rs.25,000/- with two sureties for the like sum each to the satisfaction of I Additional Junior Civil Judge-cum-I Additional Judicial Magistrate of First Class, Medchal Malkajgiri at Kushaiguda.

2. The petitioner/accused No.2 shall comply with the conditions as laid down under

Section 480 (3) Bharatiya Nagarik Suraksha Sanhitha, 2023.

7.

Accordingly, this Criminal Petition is allowed. _____________________ E.V. VENUGOPAL, J Date: 27.12.2024 lk/bv