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High Court for State of TelanganaCRLP/12025/2018dismissed

Rathod Somla v. The State Of Telangana

2018-11-20Shameem Akther2 pages

THE HON'BLE DR.JUSTICE SHAMEEM AKTHER CRIMINAL PETITION No.12025 OF 2018 ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by the petitioners/A.3 and A.4, for grant of bail in Crime No.72 of 2018 of Boath Police Station, Adilabad District, registered for the offences punishable under Sections 498-A and 304-B read with 34 of IPC.

2.

Heard the learned counsel for the petitioners/A.3 and A.4 and the learned Additional Public Prosecutor representing the respondent-State and perused the record.

3.

Learned counsel for the petitioners/A.3 and A.4 would submit that A.4 is a Government employee working as Village Revenue Assistant. A.3 is aged person. They are not responsible for the death of the deceased-Rathod Swapna, who is the wife of A.1. They are falsely implicated in this case. The allegations do not constitute any offences against them and ultimately, prayed to allow the petition.

4.

The learned Additional Public Prosecutor opposed the grant of bail to the petitioners/A.3 and A.4. 5.

As per the record placed before this Court, the deceased was given marriage to A.1 on 18.04.2018 and the marriage was performed at Parimandal Village of Mamda Mandal. There is also record to show that in the marriage, the de facto complainant-mother of the deceased presented Rs.3 lakhs, one tula gold, motorcycle, etc. The deceased started living with A.1 at Kantegoan Village of Boath Mandal. Thereafter, A.1 along with the petitioners/A.3 and A.4 had demanded additional dowry of Rs.1 lakh and caused mental and physical torture. Having vexed with their behaviour, the deceased

consumed pesticide and committed suicide on 11.08.2018 at Kantegoan Village itself. There are specific allegations and continuous torture meted out by the petitioners against the deceased. It cannot be said that the petitioners are innocent persons and falsely implicated in this case. Release of the petitioners would hinder the investigation. If the petitioners are released on anticipatory bail, there is every possibility of threatening the witnesses. There are no merits to allow the petition.

6.

In the result, the Criminal Petition is dismissed. ____________________________ DR. SHAMEEM AKTHER, J Date: 20.11.2018 ssp