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2020 DIGILAW 772 (AP)

K. Sundaramurthy v. State of Andhra Pradesh

2020-12-07

LALITHA KANNEGANTI

body2020
ORDER : Lalitha Kanneganti, J. 1. This petition is filed under Section 437 and 439 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") seeking regular bail to the petitioner/-1 in connection with Crime No. 449 of 2020 of Chittoor I Town Police Station, Chittoor District registered for the offence punishable under Section 306 read with 34 of the Indian Penal Code, 1860 (for short 'I.P.C.'). 2. The case of prosecution is that the father of the deceased gave a complaint to the Police on 08.10.2020 stating that he is an auto driver and he was blessed with one daughter Sai priya, who is the deceased and one son by name Sunil Kumar through his first wife and he has another daughter through his second wife. It is stated that while the deceased was studying intermediate fell in love with one Manikanta. As it was not acceptable to the complainant's family, the marriage of the deceased was performed with the petitioner/A1, who is gateman in railways. The couple lead happy marital life for six months. Subsequently the petitioner came to know about the earlier love affair of the deceased and started harassing the deceased saying that the said fact was suppressed. The deceased informed the same to the complainant. The matter was placed before the elders on 07.10.2020 (sic 07.09.2020), who tried to pacify the matter and sent the deceased to her in-laws house. On the same day at about 9:00 P.M. the deceased called her father stating that all the accused were talking about her love affair and that they did not want her in the house. The complainant convinced her saying that he will talk to her in the morning. On 08.10.2020 at about 10:00 A.M. when the complainant went to see his daughter he found that doors were locked from inside and as nobody responded to his call he left. Again when he came at 1:00 P.M. also the doors were closed. He opened the door with a rod and saw that his daughter hanged herself and died. Basing on the said complaint the present crime is registered and the petitioner was arrested on 16.10.2020 and sent him to judicial custody. 3. Heard Sri. D. Purna Chandra Reddy, learned counsel for the petitioner and the learned Public Prosecutor for the respondent-State. 4. He opened the door with a rod and saw that his daughter hanged herself and died. Basing on the said complaint the present crime is registered and the petitioner was arrested on 16.10.2020 and sent him to judicial custody. 3. Heard Sri. D. Purna Chandra Reddy, learned counsel for the petitioner and the learned Public Prosecutor for the respondent-State. 4. The learned counsel for the petitioner/A-1 submits that the ingredients of Section 306 I.P.C. are not at all attracted to the present case and the deceased committed suicide only for the reason that she did not want to marry A1 as she was in love with another person, but suppressing the said fact the complainant has forcibly got the deceased married to A1. At any point of time the deceased has not resided with her husband and they could not lead happy marital life. The deceased committed suicide for her own reasons. The other accused in this case were already enlarged on pre arrest bail vide order dated 23.11.2020, in Crl. P. No. 5104 of 2020 by this Court. 5. Learned Public Prosecutor submits that the investigation is in progress and there are allegations against the petitioner. Therefore, he is not entitled for bail. 6. A perusal of the complaint discloses that the deceased has love affair and contrary to her wish she was forcibly married to A1. It appears that the deceased was not happy with the same and she herself has committed suicide. Further, as the petitioner/A-1 is languishing in jail from 16.10.2020, this Court feels that this is a fit case to grant bail to the petitioner. 7. Accordingly, this Criminal Petition is allowed. The petitioner/-1 shall be released on bail in the event of their arrest in connection with Crime No. 449 of 2020 of Chittoor I Town Police Station, Chittoor District on condition of executing self bond for Rs. 20,000/- (Rupees twenty thousand only) with two sureties for a likesum each to the satisfaction of the IV Additional Judicial Magistrate of I Class, Chittoor. Consequently, miscellaneous applications pending, if any, shall stand closed.