Manda Vamshidar Reddy v. The State Of Telangana
THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.15989 of 2024 ORDER:
This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 for granting of pre-arrest bail to the petitioner who is arrayed as accused No.2 in Crime No.513 of 2024 of Manakondur Police Station, Karimnagar, registered for the offence punishable under Section 108 of Bharatiya Nyaya Sanhitha, 2023. 2.
The brief facts of the case are that on 19.11.2024, at 10.30 hours, the de facto complainant lodged a complaint stating that the deceased, who is her husband, took a loan of Rs.40,000/- from accused No.1 and petitioner/accused No.2. Due to the harassment made by accused No.1 and the petitioner herein for repayment of amounts, the deceased committed suicide.
3.
Heard Sri M.Vamshidar Reddy, learned counsel appearing on behalf of the petitioner as well as Sri Syed Yasar Manoon, learned Additional Public Prosecutor appearing on behalf of the respondent No.1-State.
4.
Learned counsel for the petitioner firstly submitted that the petitioner is innocent and he is no way concerned with the
alleged offences. He secondly submitted that there are no specific allegations against the petitioner inducing the deceased to commit suicide, except the allegation that he demanded for money lent by him, which does not amount to abetment of suicide. He lastly submitted that the de facto complainant has filed this criminal case against the petitioner only to harass him. Therefore, he prayed the Court to grant anticipatory bail to the petitioner by allowing this criminal petition.
5.
On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioner stating that there are specific allegations against the petitioner and the investigation is not yet completed, therefore, granting of bail to the petitioner at this stage does not arise. Hence, he prayed the Court to dismiss the criminal petition.
6.
After considering submissions from both the parties and material available on record, it is apparent that the deceased is in the habit of taking loans and he has also sold two acres of his agricultural land to repay the debts to his money lenders. Prima facie, there are no specific allegations against the petitioner inducing the deceased to commit suicide, except the allegation that he demanded for money lent by him.
Pertinently, the material part of the investigation is completed. In the said circumstances, this Court is of the considered view that it is a fit case for granting of anticipatory bail to the petitioner.
7.
Accordingly, this petition is allowed granting anticipatory bail to the petitioner subject to the following conditions:
i.
The petitioner shall surrender before the Station House Officer of P.S.Manakondur, Karimnagar, within two weeks from today, and on such surrender, the said Station House Officer shall release him on bail on executing a personal bond for Rs.25,000/- with two sureties, for the like sum each.
ii.
The petitioner shall appear before the concerned Station House Officer on every Monday between 09:00 A.M. to 05:00 P.M., for a period of eight (08) weeks or till filing of charge sheet whichever is earlier.
iii.
The petitioner shall abide by the other conditions stipulated in Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.
8.
Accordingly, this Criminal Petition is allowed. Miscellaneous applications, if any pending, shall stand closed.
_______________ K. SUJANA, J Date: 31.12.2024 rev