Held, a criminal petition for anticipatory bail against charges of Sections 498-A and 304-B IPC regarding suicide due to continuous harassment is not a fit case for bail. Petitioner directed to surrender.
Discharge of anticipatory bail prayer; petitioner directed to surrender and plead for regular bail.
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HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU
CRIMINAL PETITION No.7265 of 2012
ORDER:
The petitioner/A3 is accused of offences punishable under Sections 498-A and 304-B IPC. He is husband of the deceased. He is seeking anticipatory bail. A1 and A2 are parents of A3. On reading of FIR, there are allegations against A1 to A3 about continuous harassment of the deceased on one pretext or the other and it resulted in the deceased consuming poison and committing suicide. Though there are no allegations of the accused harassing the deceased for the sake of dowry soon before her death, there are allegations of continuous harassment and goading of the deceased by all the accused, which may attract the term ‘instigation’. Having regard to facts of the case and death of the wife of the petitioner due to conduct of all the accused, this is not a fit case for grant of anticipatory bail.
In the result, the Criminal Petition is dismissed. The petitioner is directed to surrender before the Magistrate and seek regular bail thereafter.
____________________________ SAMUDRALA GOVINDARAJULU, J. 11th October 2012 Rns
1 issue framed by the court
Whether the petition is a fit case for grant of anticipatory bail in a crime involving death by suicide due to continuous harassment.
PETITIONER/A3
DECEASED
SAMUDRALA GOVINDARAJULU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
