IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH FRIDAY, THE EIGHTH DAY OF AUGUST, TWO THOUSAND AND FOURTEEN :PRESENT:
THE HONOURABLE SRI JUSTICE C. PRAVEEN KUMAR CRL.P. No. 9093 of 2014 Between:-
1. Kandikonda Muthyalu S/o. Late Ramaiah 2.Kandikonda Bharathi W/o. K. Muthyalu.
..... Petitioners/Accused in Crime No. 467 of 2014 on the File of Alwal Police Station, Cyberabad District.
AND The State of Telangana, P.S. Alwal, Rep. by the Public Prosecutor, High Court at Hyderabad.
. Respondent/State.
Petition under Sections 437 & 439 of CR.P.C., praying that in the circumstances stated in the petition and the grounds filed herein, the High Court may be pleased to release the petitioners on bail in Crime No. 467 of 2014 dated 03-06-2014 on the file of P.S. Alwal.
The petition coming on for hearing, upon perusing the petition and the grounds filed herein, and upon hearing the arguments of Sri P.A.V. Padmanabham, Advocate for the Petitioners and of the Additional Public Prosecutor on behalf of respondent-State, the Court made the following.
ORDER:-
“This Criminal Petition is filed by A.2 and A.3 under Sections 437 and 439 Cr.P.C. seeking bail in connection with Crime No.467 of 2014 of Alwal Police Station, Cyberabad, which was registered for an offence punishable under Section 304-B IPC.
2. Heard learned counsel appearing for the petitioners and learned Additional Public Prosecutor appearing for the respondent-State.
3. The averments in the report would disclose that the marriage of the daughter of the informant (herein after referred as ‘the deceased) was performed with A.1 on 27.11.2012. At the time of marriage, 80 yards plot with two rooms, 6 tolas of gold and one motor cycle worth Rs.1,00,000/- were given as dowry. Both of them lived together happily for a period of three months. Thereafter, the accused started harassing the deceased to get the balance dowry of Rs.50,000/- and also an additional dowry of Rs.1,00,000/-. It is stated that on the day of Ugadi, the petitioners and A.1 are alleged to have been entered into altercation with the deceased and threatened her with dire consequences. Subsequently on 24.05.2014 the deceased is said to have been committed suicide in her parents’ house by hanging, after writing a suicide note. Basing on these allegations, the above crime came to be registered.
4. Learned counsel for the petitioners submits that even accepting the allegations to be true, no offence is made out against the petitioners. According to him, the petitioners are parents-in-law of the deceased and no specific role is attributed against them. Even in the death note, no specific allegation is made against the petitioners.
Contd..2..
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5. On the other hand, learned Additional Public Prosecutor opposed the bail application contending that the case is still at the stage of investigation and as such, the request of the petitioners cannot be considered.
6. A perusal of the material evidence on record would indicate that the marriage of the deceased with A.1 took place on 27.11.2012. Subsequently both of them lived happily for a period of three months. Thereafter disputes arose between them. It is alleged that on the day of Ugadi, a quarrel took place and the accused persons are alleged to have threatened the deceased with dire consequences. Thereafter on 24.05.2014 the deceased committed suicide by hanging in the house of her parents by writing a suicide note. Even the suicide note, which is extracted in the remand report, does not attribute any specific role to the petitioners. As the petitioners are in jail since 03.06.2014 and as all material witnesses are already examined, I am inclined to grant bail to the petitioners.
7. Accordingly, the criminal petition is allowed. The petitioners shall be released on bail on their executing personal bonds for a sum of Rs.10,000/- (Rupees ten thousand only) each with two sureties each for a like sum to the satisfaction of the VI Metropolitan Magistrate, Medchel.
ASSISTANT REGISTRAR //TRUE COPY// for ASSISTANT REGISTRAR To
1. The Metropolitan Sessions Judge, Cyberabad at L.B. Nagar.
2. The VI Metropolitan Magistrate, Cyberabad at Medchal.
3. The Station House Officer, Alwal Police Station, Cyberabad District(Cr.No.467/2014)
4. The Superintendent, Central Jail, Cherlapally, Ranga Reddy District.
5. Two CCs to the Public Prosecutor, High Court at Hyd(OUT)
6. One CC to Sri P.A.V. Padmanabham , Advocates (OPUC)
7. One Spare Copy.
TKK HIGH COURT CPK.J DATE: 08-08-2014 BAIL ORDER CRL.P. No. 9093 OF 2014 RELEASE THE PETITONERS ON BAIL DRAFTED BY TKK DT.08-08-2014.
HIGH COURT CPK.J DATE: 08-08-2014 BAIL ORDER CRL.P. No. 9093 OF 2014 RELEASE THE PETITONERS ON BAIL