Sodi Raju v. The State Of Telangana

THE HON'BLE SRI JUSTICE A.SHANKAR NARAYANA CRIMINAL PETITION No.3837 of 2017 ORDER:

The present petition is filed under Section 438 of the Code of Criminal Procedure, 1973, requesting to grant anticipatory bail to the petitioner - accused No.1 in Crime No.63 of 2017 of Bhadrachalam Town Police Station, Bhadradri Kothagudem District. The petitioner is arraigned as accused No.1 in the aforesaid Crime. He along with accused No.2 alleged to have committed the offence punishable under Section 304 (B) read with 34 of the Indian Penal Code. Heard Sri Mummaneni Srinivasa Rao, learned counsel for the petitioner, and the learned Additional Public Prosecutor for the State of Telangana.

It is an admitted fact that the deceased is no other than the wife of the petitioner, who is working as a Police Constable in grayhounds at Hyderabad, and they lived happily together for some time and, out of their wedlock, a daughter named Aslesha was born. It is alleged in the complaint that the petitioner, having insatiated with the desire or discontentment, started demanding additional dowry to the tune of Rs.5,00,000/- and also to get the house belonging to her parents registered in his name and, thereby, subjected her with unabated harassment, which even led to driving her out leaving his association and joining her parents' house and, during that time, the daughter of the deceased was taken away and, on account of the harassment as well as her daughter being separated from her, the deceased took the extreme step of commission of suicide and died.

The allegations are serious in nature. It is no doubt true, the petitioner is working as Police Constable and there may be some sort of hindrance in case he is arrested, as he will be put under suspension if he is not released on bail within 48 hours as per Conduct Rules, but, certainly, that cannot be a ground to grant anticipatory bail. When viewed in the light of the specific allegations occurring in the complaint lodged by the mother of the deceased, it is not an exceptional case to accord anticipatory bail to the petitioner. Accordingly, the Criminal Petition is dismissed. Miscellaneous applications, if any pending in the present petition, stand closed.

_________________________________ JUSTICE A.SHANKAR NARAYANA 06.07.2017 v v