Andhra Pradesh High Court - Amravati

Pallerla Indiramma vs The State Of Andhra Pradesh on 7 September, 2022

Bench: Ravi Cheemalapati

 

  
  

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATE

WEDNESDAY, THE SEVENTH DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY TWO

PRESENT:
THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPAT!

CRIMINAL PETITION NO: 6784 OF 2022
Bebveen:

Pallierla Inciramma, Wo Anji Reddy, Aged about 42 years, Dec. House Wife,
V/o 2-49, Korisapadu, Prakasam District

"

vagny

. Petitioner Accused

AND
1. The State of Andhra Praciesh, Rap. by its Public Prosecutor, High Court
Aridhra Pradesh.
2 Kotreddy Kall, S/o Venkat Reddy Aged abaut 5¢ years, Rfo Rar NSPE adu Vilage

Praxasai District.
. Respondente/Compiainant

Pativion under Section 438 of CrP.C, praying that in the clrumstances stated
in the memorandum of grounds filed in Criminal Petition, the High Court may be
tieascd fo enlarge petitioner! Accused No. 1 in the event of thelr arrest in FLR. No.
33 of S022 an the file of the Korispadu Police Statian:

The petition coming on for neanns. upan perusing the Pelion and the
memorandum of graunds fled in support thereof and upon hearing the arquments of
Sr inakollu Venkateswarlu, Advocate for the Petitioner and of The Special Asst,
Public Prosecutor for the Respondent No.1, the Court made the following:

ORDER:

THE HON'BLE SRI JUSTICE RAVI CHEEMALAPATI

CRIMINAL PETITION No.6764 OF 2028 ORDER:

This Criminal Petition is fled under Section 438 of the Code of Criminal Procedure, 1973 Gor short, 'rP.c., seeking anticipatory ball, by the petitioner/Accused No.2 in CrNo.S8 of 2022 of Korisanadu Paice Stetian, Prakasam District registered for the offence punishable under Sections

306, 254(c) rfw 34 of the Indian Penal Code, 1860 Cor short Kom N

the grosecutian, in brief, is that the

= a weed iB Ct oy RG az Seed

a @ S ws ae.

daughter of the defacto complainant. On 01.06.2032, the deceased was found hanging herself with

chunnl and died. The defacto complainant found suicide

ths

note wherein the deceased stated that during the absence of the defacto complainant the Al used to visit the Rhause and misbehaved with the deceased. When she taking bath,

tool the videos and Klack mailed ber sayi Ing that he wil past the photos and used to demand the money. The c yer 18 rmather of Al and she ia well aware about the acts of the Al.

The petitioner toll to the deceased if she tells about the Al

acts to anyones, she will commit suicide. The deceased was

unable to bear the torture she committed suicide, Hence, the

above crime was registered,

co ;

Heard Sri Inatelly Venkateswarlu, learned counsel for

the petitioner, and learned Special Assistant PL iDlic Prosecutor

for the resnondaent-State,

4. Learned counsel for the petitioner, in slsboration, conterids that, petitioner is A2 in the present crime who is the mother of the Al. it is further contended that an 8 ofain reading of the complaint no | ingredients attracting Section 306 oF IPC against the petitioner are found, It is further contended that the punishment prescribed for the offence under Section S84(c} is fess than seven years. The petitioner is apprehending arrest for the offence punishable under Section 306 of IPC. Nence, learned counsel for the petitioner prays to grant pre-arrest bail to the petitioner.

3. Learned Special Public Prosecutor submits that though Section 306 does not attract against the petitioner but the petitioner name is reflected in the commaint as well as in the cide note and if the petitioner is granted anticipatory bail, she may hamper the process of Invest gation and tarnper with rhe prosecution evidence, Henc [email protected], oppesed the petition and

Brayed for disrnissal of the sarric,

& Section 306 TEC reads aS &

»>geg, Abetmant af s vride - HF 2

whoever akels ine punished wi whieh may extend £6 tern years fine."

? Hon 'ble Court

The

ANDER

tTamiinadu' while cealing with

upc held as under:

"Before holding Saction 3Q5 of 1M the facts and CUCHAPSTANCeS |

the evidence adduced } the cruelty and harassment iaft the victim with suicide. Ib is aise

aliegad abetment of suicide

or indirect acts of ineitement

Merely on the allegation

any positive action proxin

the part of the accused which led or competed the

de, £ ONY non

to cory SLAC

rainabie™.

TPC fs not SUSE

COPUTUSSIGN

th imprisanment of aither

an accused guilly

c, the court must Sscrupulau

mo ofher a to be borne in mind that

, thes 'e must oe

af harassment «

yarE ta t he

under:

any persa commits suicide,

of such suicide, shail be description for a term Hable to

s, ara shall alse ber

in M.

ingredients af Section 306

of an offence under siy exarriine

of the case anc aisa AgSess

« hin order to find aut whether

mated aut to the victim had atternative, bub To commit im cases of

proof of direct

to the cammission af suicide, yithout there being time of acourrence mr

af Section

Na . wen ; m2 aay 3 ay nh eee : F i 3 S. As stated Supra, © entire merms efter im complaint or in ine St cide mote, nothing disclosed & regard ta abet sant or ingtigation made Dy the petitioner

Mohan v. State oF

sucn, the judgment referred Supra if applicabie to the facts of the case,

iQ. Taking into consideration the facts and circuitistances of the case and also the contentions raised by the learned counsei for the petitioner and keeping in view the Submissions made by the learned Special Public Prosecutor and by tsking into consideration of the judgment referred Supra, this Court iS inclined te grant anticinetery ball te the petitioner/A2, however the apprehension of the fearned Special Assistant PUBHC Prasecutar ints consideration, on the following conditions:

i} «The petitioner shall be released on prs-arrest bail in the event of her arrest i Chime NO.33 of 2022 of Korisapadu Police Station, Prakasarn DIStrICy, on her executing self bond for Ks.25,000/- (Rupees bwen ty Five thousand only} with two sureties for the Hke sum each to the satisfaction of the Statio:

House Officer, Korisapad Pol Nice Station, Prakasa Olstrict: ard

Hu} The petitioner shall appear before the Station House Officer, Korisapadu Palice ot ation, Prakasarm District, once in @ week Le. on every Sunday between 16.00 am and 12.00

noon tH Ming of charge sheet.

a ae at

eee

Fe,

R HIN NS

Gu} The petitioner shall not ma fe any attempt to tamper with

ei TAM Ov re. Sha chal tes rarcalt veilabia bro the prosecution evidence. She shall make herself avaliable fo

the investigating officer whenever required by them fo

faciiittate proper investigation in this cas

Gv} The petitioner shall nat directly or indirectly contact any

witnesses under any circumstances and any such attempt

shall he construed as an atternet of Influencing She witnesses

and shall not tamper the evidence and shall co-operate with

Further, the petitioner shall scrupulously comply with the above conditions and oreach of any of the above conditions will be viewed seriously and prosecution is at

liberty to move an application for cancellation of the bal.

pred, ae f5

is mmade clear that this order does not, in any manner, fimié or restrict the nights of the Police or the investigating agency from further investigation as per law anc the findings in this arder be construed as expression of opinion only for the limited purpose of co ring the bail in the above crime

and shall not have any bearing In any ather proceedings,

Accordingly, the Criminal Petition is alowed,

N t

Miscallaneous applications, pending Wf any, shall stand

closed.

Sd/- M.S.V. NAVIN CHANDRA ASSISTANT woes

HTRUE COPYH ~ : SECTION OFFICER

The Station House Officer, Koriapadu Ratice tala mn, Prakasam District. Kotreddy Kall, S/o \ Jenkat Raddy, Rio Korispadu Vilage Rrekasam District. {by RPAD)

Sime CO te Sr imakoliu Venkateswariu, Advocate [OPUC} Two OCs to Pu bo Prosecutor, High Court of AB [OUT] One Spare copy.

NGM COURT

Be od

SOPION ZOE

DATED

ORDER

GRLP.No. 8784 of 2028

ALLOWED

ty Luk es

tin LY FPR CHO Ck