Andhra Pradesh High Court - Amravati
Vampugani Guravaiah vs The State Of Andhra Pradesh on 25 June, 2021
[3240 ]
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
FRIDAY , THE TWENTY FIFTH DAY OF JUNE,
TWO THOUSAND AND TWENTY ONE
:PRESENT:
THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI
CRIMINAL PETITION NO: 3196 OF 2021
Between:
Vampugani Guravaiah, S/o. Joseph, aged about 37 years, R/o 2-60b, Ambedkar Nagar,
Tsundur, Guntur District, Andhra Pradesh-522318
Petitioner/Accused
AND
The State of Andhra Pradesh, rep by its Public Prosecutor, High Court of A.P.,
Amaravati, Guntur District.
Respondent/Complainant
Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in
the memo of grounds filed herein, the High Court may be pleased to direct the SHO of
T Sundur Police Station, Guntur District to release the petitioner on bail in the event of
their arrest in Crime No.59 of 2021, dated 12.05.2021 for the offences under Section
306 r/iw 34 IPC against the petitioner.
The petition coming on for hearing, upon perusing the Petition and memo of
grounds filed herein and upon hearing the arguments of Sri Jada Sravan Kumar,
Advocate for the Petitioner, and of Public Prosecutor for Respondent, the Court made
the following
ORDER
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
CRIMINAL PETITION NO.3196 OF 2021
ORDER:-
This Criminal Petition is filed under Section 438 of the Code
of Criminal Procedure; 1973 (for short "Cr.P.C.") seeking pre-arrest
bail to the petitioner/Accused in the event of their arrest in
connection with Crime No.59 of 2021 of T sundur police station,
Guntur District, registered for the offences punishable under
Section 306 of the Indian Penal Code, 1860.
2. A complaint was lodged to the Station House Officer,
Nagarampalem Police Station stating that the de facto complainant
has been working as Sub-Inspector of Police, Tsundur Police
station and while she has been discharging her duties, the Circle
Inspector of Police Ramesh Babu along with the petitioner used to
harass her alleging that she has illegal contact with one constable
Ravindra and made it public by social media. The circle Inspector
of police used to send false reports against the defacto
complainant to higher officials that she is extracting money from.
the gamblers and she is not showing the recovery money before
the authorities. Due to the unbearable harassment of the
Inspector of police, the defacto complainant and the constable
Ravindra took pesticide Gromozen in cool drink and they were
shifted to Ramesh Hospital, Guntur, later she was died while
undergoing treatment.
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3. Heard Sri Jada Sravan Kumar, learned counsel for the
petitioner and the learned Public Prosecutor for the respondent-
State.
4, Learned counsel for the petitioner submits that the
petitioner earlier was an accused in Crime No.164 of 2020 on the
file of Tsundur police station, Guntur District under Sections 354,
323 r/w 34 of IPC. While the deceased has continuously calling
the petitioner to the police station and harassing him, he filed
Criminal Petition No. 72 of 2021 before this Court and this Court
by order, dated 07.01.2021, directed the police to follow the
guidelines issued by the Hon'ble Apex Court in Arnesh Kumar's
case. He submits that even in the complaint also the deceased
makes a specific mention that when she was not there in the
police station, the Sub-Inspector of police called the petitioner to
the police station and issued 41 notices. He also submits that the
whole grievance of the deceased was that the CI of police is making
complaints to the higher authorities and harassing her and the
only allegation made against the petitioner is that the petitioner
along with the Inspector of police has stated that the deceased is
having illicit intimacy with the constable. He relied on the
judgment of the Hon'ble Apex Court in Gangula Mohan Reddy v.
State of Andhra Pradesh', wherein it was held that:
"Abetment involves a mental process of instigation a
person or intentionally aiding a person doing ofa
thing. Without a positive act on the part of the accused
'2010 Law Suit (SC) i
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to mstigate or aid in committing suicide, conviction
cannot be sustained,
21. The intention of the Legislature and the ratio of the
cases decided by this Court is clear that in order to
convict a person under Section 306 IPC, there has to be
a clear mens rea te commit the offence."
5. On the other hand, the learned Assistant Public Prosecutor
submits that the investigation is in progress and he opposes the
bail petition.
6, This Court having heard both sides and having perused the
statement given by the deceased prima facie appears that whole
dispute is between the Circle Inspector and the deceased. Though
the name of the petitioner is mentioned in one or two places in the
Statement, it prima facie shows the deceased died not due to the
harassment of the petitioner. Hence, this Court deems it
appropriate to grant pre-arrest bail to the petitioner, however, on
certain conditions.
7. Accordingly, the Criminal Petition is allowed. The
petitioner/Accused shall be released on bail in the event of his
arrest in connection with Crime No.59 of 2021 of Tsundur Police
station, Guntur District on condition of executing self bond for
Rs.20,000/- (Rupees twenty thousand only} with two sureties for
a like sum each to the satisfaction of the Station House Officer,
T sundur Police Station. The petitioner shall co-operate with the
investigation and shall appear before the investigating agency as
and when his presence is required. The prosecution is at liberty to
move an application for cancellation of bail, if the petitioner fails to
comply with any of the conditions imposed.
Consequently, miscellaneous applications pending, if any, shall
stand closed.
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ASSISTANT REGISTRAR
TRUE COPY er oa
For -- SECTION 'OFFICER
To,
i i Police Station, Guntur District
e Station House Officer, T Sundur nee
2 two CCs to Public Prosecutor, High Court of A.P., Amaravati, Guntur District
(OUT)
3, One CC to Sri. Jada Sravan Kumar Advocate [OPUC]
4. One Spare copy
HIGH COURT
LK,J
DATED:25/06/2021
ORDER
CRLP.No.3196 of 2021
CRLP IS ALLOWED
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