Allowed

N. Anitha Grace v. The State of Telangana

Telangana HC4 Sept 2023CRLP/8186/2023

Case brief

AI extract

What is this about?

This court granted anticipatory bail to the petitioner, who is a public servant and Accused No.3, in a suicide death case involving 498-A and 306 IPC. The court found no specific evidence of instigation by the petitioner despite allegations in a deceased's suicide note.

What did the court decide?

Anticipatory bail granted subject to surrender on 06.09.2023, personal bond of Rs.25,000 with two sureties, and cooperation with investigation.

N. Anitha Grace Vs The State of Telangana — Cheating and Forgery | Telangana HC (2023)

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THE HON’BLE SRI JUSTICE K.SURENDER

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CRIMINAL PETITION No.8186 of 2023

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ORDER:

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This Criminal Petition is filed under Section 438 of Cr.P.C. by the petitioner/Accused No.3 seeking bail in the event of his arrest in connection with Crime No.600 of 2023 on the file of Saroornagar Police Station, Rachakonda, registered for the offences punishable under Sections 498-A and 306 r/w. 34 of Indian Penal Code.

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Heard learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State and perused the record.

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The de-facto complainant is the brother of the deceased. In this complaint, it is stated that his deceased sister was married to A-1, 17 years prior to her death. There were constant fights between A-1/husband and his sister. A-1 was harassing her physically and mentally. They were taken for counseling and they have compromised. On 01.07.2023, A-1 informed that deceased committed suicide by injecting herself with poisonous substance.

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Learned counsel appearing for the petitioner would submit that there are no allegations, much less specific allegations against the petitioner in the complaint. This Court has granted relief to A-5 who stands on the same footing. In fact, the petitioner is a public servant who was already married and living separately with her family.

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On the other hand, learned Additional Public Prosecutor would submit that there was suicide note which was written by the deceased. Having perused the suicide note, it is revealed that this petitioner and her mother were forcing the husband/ A-1 to kill the deceased. Apart from the said statement, there is no other allegation. Accepting that the mother and this petitioner were forcing the husband/A-1 to kill the deceased, it is assumption on part of deceased and no instances are stated in the suicide note.

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In the absence of any specific over tacts or events that are narrated to prima facie infer that there was instigation by this petitioner, this Court deems it appropriate to grant the relief of anticipatory bail to the petitioner, subject to the following conditions:

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1. The petitioner/A-3 is directed to surrender before the Station House Officer, Saroornagar Police Station,

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Rachakonda on 06.09.2023. On such surrender, the said Station House Officer shall release the petitioner on bail, on her executing personal bond for a sum of Rs.25,000/- (Rupees Twenty five thousand only) with two sureties for a like sum each to his satisfaction.

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1. On such release, petitioner/A-3 shall appear before the concerned Station House Officer, for the purpose of investigation, as and when required.

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1. The petitioner/A-3 shall abide by the other conditions stipulated in Section 438(2) of Cr.P.C and shall co-operate with the Investigating Officer in investigating the case.

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Accordingly, this Criminal Petition is allowed.

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Miscellaneous applications, if any pending in this criminal petition, shall stand closed.

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__________________ K.SURENDER, J

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Date : 04.09.2023 dv

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THE HON’BLE SRI JUSTICE K.SURENDER

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CRIMINAL PETITION No.8186 of 2023 Dt.04.09.2023

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N. Anitha Grace v. The State of Telangana

Case brief

What is this about?

What did the court decide?

N. Anitha Grace v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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