Gonda Srinivas Rao v. The State Of Telangana

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.16160 of 2024 ORDER:

This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 for granting pre-arrest bail to the petitioners who are arrayed as accused Nos.1 to 4 in Crime No.534 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 07.02.2024, at 11.00 hours, the de facto complainant lodged a complaint stating that the petitioners/accused Nos.1 to 4, who are neighbours quarreled with his father several times regarding the land issue, beat him many times and also threatened him with dire consequences to kill him. Due to the said harassment, disgusted over his life, the father of de facto complainant committed suicide by swallowing sleeping pills. 3.

Heard Ms. Meghana Addla Suneel, learned counsel appearing on behalf of the petitioners as well as Sri Syed Yasar Manoon, learned Additional Public Prosecutor appearing on behalf of the respondent-State.

4.

Learned counsel for the petitioners firstly submitted that the petitioners are innocent and they are no way concerned with the alleged offences. She secondly submitted that though the deceased committed suicide on 21.11.2024, this criminal complaint was lodged on 07.12.2024 i.e., with a delay of 16 days. She lastly submitted that the de facto complainant has filed this criminal case against the petitioners only to harass them. Therefore, she prayed the Court to grant anticipatory 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 there are specific allegations against the petitioners and the investigation is not yet completed, therefore, granting of bail to the petitioners 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, prima facie, it is apparent that there are no specific allegations against the petitioners inducing the deceased to commit suicide. 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 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.Manakondur, Karimnagar, within two weeks from today, and on such surrender, the said Station House Officer shall release them on bail on executing a personal bond for Rs.25,000/- each with two sureties, for the like sum each.

ii.

The petitioners 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 petitioners 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