Mottipolu @ Metrupolu Krishna Murthy v. State of Andhra Pradesh
2021-07-14
LALITHA KANNEGANTI
body2021
DigiLaw.ai
JUDGMENT Lalitha Kanneganti, J. - This Criminal Petition is filed under Sections 437 and 439 of Code of the Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking regular bail to the petitioner/A-4 in connection with Crime No.123 of 2021 of Kothapet Police Station, Guntur Urban, registered for the offence punishable under Section 306 of the Indian Penal Code, 1860 (for short 'IPC'). 2. The case of prosecution is that a complaint was lodged by father of the deceased stating that marriage of the deceased and A-1 took place seven years ago and since then they have been residing separately and in the morning hours of 08.05.2021 at about 7.30 AM, A-1 informed him over cell phone that her husband committed suicide by hanging. On receipt of such information, he rushed to the scene of offence. Petitioner is brother of A-1. Basing on the said complaint, the present crime was registered. 3. Heard Sri Sreekanth Reddy Ambati, learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State. 4. Learned counsel for the petitioner/A-4 submits that petitioner is brother of A-1 and he has nothing to do with the family affairs of A-1 and he is leading his life, as such, the question of abetting the deceased to commit suicide does not arise. Further, he submits that even offence under Section 306 IPC is not attracted to the facts of the present case. He was arrested on 17.06.2021 and it is also submitted that most of the investigation is completed and prayed to consider his case for grant of bail. 5. On the other hand, learned Assistant Public Prosecutor submits that the entire investigation is completed and police are about to file charge sheet. 6. Taking into consideration the fact that the petitioner is languishing in jail from 17.06.2021. Prima facie it appears that the ingredients of Section 306 IPC are not attracted to the petitioner further the investigation is also completed. Hence, this Court deems it appropriate to grant bail to the petitioner. 7. Accordingly, this Criminal Petition is allowed. The petitioner/A-4 shall be enlarged on bail on his executing self bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of the Court of the IV Additional Junior Civil Judge, Guntur.