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High Court for State of TelanganaCRLP/11927/2017allowed no costs

Gundeboiona Sugunamma (A-2) Nalgonda And 2 Otrs., v. The State Of Telangana, Rep Pp.,

2017-12-15Shameem Akther4 pages

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH FRIDAY, THE FIFTEENTH DAY OF DECEMBER, TWO THOUSAND AND SEVENTEEN : PRESENT :

THE HONOURABLE DR JUSTICE SHAMEEM AKTHER CRLP .No. 11927 of 2017 Between:- 1.Bundeboina Sugunamma, W/o. Gopal.

2.Gundeboina Gopal, S/o. Lingaiah 3.Ganta Padma, W/o. Venkanna.

..... Petitioners/Accused Nos. 2, 3 & 4 .

AND The State of Telangana, through, Police Station, Chityal, District Nalgonda, Rep. by Public Prosecutor, High Court at Hyderabad. .....Respondent/Complainant.

Petition filed under Section 438 of Cr.P.C. praying that in the circumstances stated in the Grounds of Criminal Petition, the High Court may be pleased to release the petitioners/Accused Nos. 2, 3 & 4 herein, granting anticipatory bail to them in the event of their arrest in Crime No. 275 of 2017, Dated 23-09-2017 of Police Station, Chityal, District Nalgonda.

The petition coming on for hearing, upon perusing the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri S. Chandra Sekhar, Advocate for the Petitioners and of Addl. Public Prosecutor(TS) on behalf of Respondent-State, the Court made the following ORDER :- "This petition is filed under Section 438 Cr.P.C. to grant anticipatory bail to the petitioners-A2 to A4 for the offence alleged under Section 306 r/w 34 IPC.

2.

Heard learned counsel for the petitioners-A2 to A4, learned Additional Public Prosecutor representing the State and perused the record. 3.

Learned counsel for the petitioners-A2 to A4 would submit that the petitioners are innocent persons and they were falsely implicated in this case. A1 and his wife Andalu (hereinafter referred to as 'the deceased') have got three children. The deceased was suffering from mental illness. She was treated for the same. On earlier occasion, she made suicidal attempts. After the death of the deceased, the parents of the deceased have demanded Rs.1,00,000/- and when the said amount was not paid, this case is foisted against the petitioners and ultimately, prayed to allow the application. 4.

On the other hand, learned Additional Public Prosecutor opposed the grant of bail to the petitioners-A2 to A4. 5.

The material on record reveals that the deceased had taken treatment from Dr. Nagalaxmi, Psychiatrist in Sri Raghavendra Hospital with regard to mental illness. The record also reveals that the deceased was suffering from leg pain, sleeplessness, memory loss and restlessness. There is also record revealing that she made suicidal attempts earlier, but was unsuccessful. Thereafter, on 22.09.2017 she committed suicide at the house of A1. A2 is the mother-in-law, A3 is the father-in-law and A4 is the married sister-in-law of the deceased. The submissions made on behalf of the petitioners cannot be brushed aside. There is a record to show the same. Contd.2..

- 2 - 6.

Under these circumstances, the petitioners-A2 to A4 can be granted bail under Section 438 Cr.P.C.

7.

In the result, the Criminal Petition is allowed directing the petitionersA2 to A4 to surrender before the Station House Officer, Chityal Police Station, Nalgonda District, within 15 days from the date of this order. On such surrender, the said S.H.O. shall release the petitioners-A2 to A4 on bail, on each of them executing a personal bond for Rs.10,000/- (Rupees ten thousand only) with two sureties each in a like sum to his satisfaction. On release, the petitioners-A2 to A4 shall abide by the conditions mentioned under Section 438 (2) Cr.P.C. The petitioners-A2 to A4 shall attend before the S.H.O. concerned on every Sunday between 10.00 A.M. and 11.00 A.M. till filing of charge sheet."

ASSISTANT REGISTRAR //TRUE COPY// for ASSISTANT REGISTRAR To 1.The Special Sessions Judge for SCs/STs (POA) Act at Nalgonda. 2.The Judicial Magistrate of First Class, Ramannapeta, Nalgonda District. 3.Station House Officer, Chityal Police Station, Nalgonda District. 4.Two CCs to the Public Prosecutor(TS), High Court at Hyd.(OUT) 5.One CC to Sri S. Chandra Sekhar, Advocate(OPUC) 6.One spare copy.

TKK

HIGH COURT DR.SA.J DT.15-12-2017.

ANTICIPATORY BAIL ORDER CRL.P.No. 11927 of 2017 RELEASE THE PETITONERS ON BAIL

DRAFTED BY TKK DT.16-12-2017.

HIGH COURT DR.SA.J DT.15-12-2017.

ANTICIPATORY BAIL ORDER CRL.P.No. 11927 of 2017 RELEASE THE PETITONERS ON BAIL.