Dismissed

Gourarapu Thirupathamma, And Another v. The State of Telangana

Telangana HC16 Feb 2021CRLP/264/2021

Case brief

AI extract

What is this about?

This criminal petition under Section 438 Cr.P.C. sought anticipatory bail for two accused facing charges of abetment to suicide. The High Court, noting the gravity of the offence regarding suicide, refused anticipatory bail but offered to consider regular bail upon surrender within fifteen days.

What did the court decide?

The petition for anticipatory bail was dismissed; however, regular bail shall be considered if the petitioners surrender within fifteen days.

Gourarapu Thirupathamma, And Another Vs The… — Murder and Culpable Homicide | Telangana HC (2021)

¶1

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAO

¶2

TUESDAY, THE SIXTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE

¶3

PRESENT

¶4

THE HONOURABLE JUSTICE G. SRI DEVI

¶5

CRIMINAL PETITION NO: 264 OF 2021

¶6

Between:

¶7

Gourarapu Thirupathamma, W/o Chandram, Aged about 39 Years, Occ. Coolie, R/o Dharmaram Village, Wazeedu Mandal, Mulugu District,

¶8

2 Ekkala Padma, W/o Late Sammaiah, Aged about 42 Years, Occ. Coolie, Fyo Dharmaram Village, Wazeedu Mandal, Mulugu District.

¶9

...PETITIONER/ACCUSED Nos.2 & 3

¶10

AND

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The State of Telangana, rep. by its Public Prosecutor, High Court at Hyderabad, Hyderabad.

¶12

...RESPONDENT/COMPLAINANT

¶13

Petition under Section 438 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to enlarge the petitioners/Accused Nos.2 and 3 on bail in the event of their arrest in Cr.No_106/2020, dated 1810912020 on the file of the P.S. Venkatapuram.

¶14

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri K. Sarath, Advocate for the Petitioners and the Public Prosecutor (TG) on behalf of the Respondent.

¶15

The Court made the following: ORDER

¶16

HONOURABLE JUSTICE G. SRI DEVI

¶17

MINAL PETITION NO.2 OF 0

¶18

ORDER:

¶19

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.), is filed by the petitioners/A-2 and A-3, for grant of anticipatory bail in Crime No.106 of 2O2O of P.S. Venkatapuram, Mulugu District, registered for the offence punishable under Section 306 of the Indian Penal Code.

¶20

Heard the learned counsel for the petitioners/A-2 and A-3, the leamed Additional Public Prosecutor representing the respondent-State and perused the record.

¶21

In the FIR, il is inter alia stated that the de facto complainant gave a complaint on 18.09.2020 at 6.00 pm stating that due to unbearable harassment in the hands of the petitioners/A-2 and A-3, his mother deeply depressed and mentaily sagged and consumed insecticide poison and committed suicide on the same day at 9.00 hours while undergoing treatment at Government Hospital, Venkatapuram. Hence, the FIR.

¶22

Learned counsel for the petitioners/A-2 and A-3 would submit that the petitioners are innocent and they are no way concerned with the alleged offence. The petitioners/A-2 and A-3 are law-abiding citizens and are prepared to abide by any condition which this Court may deem fit to impose in case oI granting anticipatory bail. Hence, he prayed to grant anticipatory bail to the petitioners/A-2 and A-3.

¶23

¶24

Learned Additional^{Public Prosecutor representingthe} respondent-State^{opposed togrant anticipatorybail tothe} petitioners/A-2 and^A-3.

¶25

As seen from the^{contentsof the FIR, there are specific} allegations^{against the petitionerslA-2 and A-3 that they harassed} the deceased^{and unable to bear the harassment' she committed} suicide.

¶26

Having regard to^{the facts and circumstancesof the case'} nature and^{gravity of the offence,this Courtis not inclinedto grant} anticipatory bail^{to the petitioners/A-2 and A-3'}

¶27

TheCriminalPetitionis,accordingly,dismissed'However'if the petitioners/A-2^{and A-3 surrenderbefore the competentCourt} within a period of^{fifteen days from today and apply for regular} bail, the same shall^{be considered by the said Court, in accordance} with law.

¶28

Miscellaneous^{applications, ifany, pending shallstand}

¶29

closed.

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SD/.N.CHANDRASEKAR RAO ASSISTANT REGIS ,TRUE COPY//

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h,,-,,, SECTION OFFICER

¶32

To,

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The V Additional District and Sessions Judge, Kothagudem, Khammam District.

¶34

The Judicial First Class Magistrate, Bhadrachalam, Khammam District.

¶35

The Station House Officer, Venkatapuram Police Station, Khammam District.

¶36

Two CCs to Public Prosecutor, High Court for the State of Telangana at Hyderabad. [OUT]

¶37

One CC to Sri. K Sarath, Advocate [OPUC]

¶38

Two CD Copies

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HIGH COURT

DATED: 1610212021

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¶44

ORDER

¶45

CRLP.No.264 of 2021

¶46

DISMISSING THE CRIMINAL PETITION

Gourarapu Thirupathamma, And Another v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Gourarapu Thirupathamma, And Another v. The State of Telangana

Case brief

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