Andhra Pradesh High Court - Amravati
Bairu Veera Lakshmi Alias Hima ... vs The State Of Andhra Pradesh on 28 October, 2021
THE HONOURABLE SRI JUSTICE D.RAMESH
CRIMINAL PETITION No.5797 of 2021
ORDER:-
This petition is filed under Sections 438 of Code of the
Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking pre-arrest bail
to the petitioners/A-4 to A-6 in the event of their arrest in connection
with Crime No.360 of 2021 of Jagagiahpeta Police Station, Krishna
District, for the offences punishable under Sections 306 r/w 34 of
the Indian Penal Code, 1860 (for short 'IPC').
2. The case of prosecution is that a complaint was lodged by the
de facto complainant who is father of the deceased, wherein it was
stated that his deceased son was married with A-1 about 4 years
back, they were not blessed with any issues, prior to the occurrence
of the offence, disputes arose in between his son and the daughter-
in-law/A-1, she went to her parents house and has been mentally
harassing his son and his family members by filing case in
Nelakondapalli Police Station and extending threats to them, that
she will marry another man, in addition to that his daughter-in-law,
her mother Satyavathi/A-2, her brother Veera Babu/A-3, her elder
sister Bindu /A-4, one Ramesh /A-5 and elder N.Venkatanna/A-6
supported his daughter-in-law/A-1 by remarking his son to 'go and
die' so that they will perform another marriage to their daughter,
that on 28.09.2021 they were called to a Panchayat and threatened
them; since then, his son was frightened being unable to bear the
threatening, humiliated mentally; on 29.09.2021 at about 6.30 p.m.
his son committed suicide by hanging to a ceiling fan and was
2
declared as dead. Basing on the said complaint, present crime was
registered and the petitioners herein are arrayed as accused 4 to 6.
3. Heard learned counsel for the petitioners and learned Assistant
Public Prosecutor for the respondent-State.
4. Learned counsel for petitioners submits that the petitioners are
innocent and did not commit any offence, also there are no specific
allegations against these petitioners so as to constitute the alleged
offence, in fact, no panchayats or mediations were held as alleged by
the defacto complainant, the deceased was never insulted nor
provoked to commit suicide. He further relied on the judgment of
Hon'ble Apex Court in Sanju alias Sanjay Singh Sengar Vs. State
of M.P.1 Thereby prayed that the petitioners have no role in the
alleged offence, as such, petitioners' case may be considered for
grant of bail.
5. On the other hand, learned Assistant Public Prosecutor
submits that there are allegations against the petitioners that they
harassed the deceased and still investigation is pending. Hence,
petitioners are not entitled for grant of bail at this stage.
6. Taking into consideration the facts and circumstances of the
case, Prima facie it appears that there are no specific allegations
against the petitioners to attract the alleged offence under Section
306 of IPC, this Court deems it appropriate to grant pre-arrest bail to
the petitioners.
7. Accordingly, the Criminal Petition is allowed. The petitioners/
A-4 to A-6 shall be enlarged on bail in the event of their arrest in
(2002)5 Supreme Court Cases 371:2002 SCC Online SC 548
connection with Crime No. 360 of 2021 of Jagagiahpeta Police
Station, Krishna District, on their executing self bonds for
Rs.20,000/- (Rupees twenty thousand only) each with two sureties
for a like sum each to the satisfaction of the Station House Officer, of
Jagagiahpeta Police Station, Krishna District.
Consequently, miscellaneous applications pending, if any, shall
stand closed.
______________________
JUSTICE D.RAMESH
Date :28.10.2021
Pnr
THE HONOURABLE SRI JUSTICE D.RAMESH
CRIMINAL PETITION No.5797 of 2021
28.10.2021
Pnr
