Andhra Pradesh High Court - Amravati
Aytha Mohan Mouli Mouli vs The State Of Andhra Pradesh on 10 November, 2023
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT FRIDAY THE TENTH BAY OF NOVEMBER « TWO THOUSAND AND TWENTY THREE ~ PRESENT: THE HONOURABLE SRI AUSTICE T MALLIKARJUNA RA CRIMINAL PETITION NO: 8884 OF 2023 Setween: ANTHA AOHAN MOUL! @ MOULI Sfo Venkata Hanumanths Rao, Aged 29 years, Ra 204, Venkatadn Residency, Ramalingapuram, Nellore. PetitionariAccused No.1 AND THE STATE OF ANDHRA PRADESH, through the Station House Officer, argamitia Police Station, Reg. by Public Prosecutor, High Court of Andhra Pradesh Al Amaravaihi, - ° RespondentiRespandent Patiion under Sectlans 497 and 489 of CrP.c. praying that in the circumstances stated in the mernorandum of grounds filed in support of the Grim ina Petition, the High Court may be pleased to "enlarge fhe petitioner on bail who | Accused Now in Orme No 1a 3023 n the fie of Dargamifia PS. Nellore, SPSR -Nellore District, pending tial. 3 g aw The petition coming on for héaring, upon perusing the Petition and the memorandum of grounds filed in support thereof and upan hear ing the arguments af Si MALIREDODY GOW THAM Advocate for the Petitioner and of Public Prosecutor for Respondent, the Court mace the following ORDER
HON'BLE SRI JUSTICE T. MALLIKRARIUNA RAO Criminal Petition No. S804 of 27023 Order:
This Criminal Petition, under Sections 437 and 439 of m.P.C., has been Alec by the pefitioner/Al, seeking regular ball, in Crime No.iS0 of 2023 of Dargaritta Police Station, SPSR Nellore [Nstrict.
&. A case has been reqisterecl against the petitioner and another for the offences punishable under Sections 306 read with 34 IPC and Section 32Nv} of the SCs anc the STs (Pod) Act.
3. Brief facts of the case are that, the de facto cammlainant is a resident of Nellore tawn and fe is eking out his livelihood by running a pravision store. His younger daughter, by name £.
Himabindu {hereinafter referred as 'deceased") completed R.Tech., ard was working as sofware engineer at Sangalore for the last four years. About hyo years back, the deceased fell In lave with 42 and wher the de facto complainant and ihe deceased approached the parents of Al, who are Al and Ag, they refused for their marriage ar the ground that the deceased belongs to differant caste. Being unable to digest the same and mable to meet the insult, the deceased cammitted suicide on 22.08.2023. Qn the basis of the saki allegations, the orasent rime has been recistered against all the accused, 4, Heard, Perused the record.
3. Learned counsel for the petitioner submits that this Court was pleased fo grant ball to A? and AQ observing that there is NO allegation in the FIR as to how they instigated and intentionally aided the deceased to commit suicide. There are no such allegations mace against the petitioner herein also. The pettioner is working a software engineer and he is sole bread winner af his family.
&, Learned Assistant Public Prosecutor oppased the ball ones that there is serious allegation against the petitioner eréin that he refused to marry the de Ceased, anc as such, she committed suicide, e. A perusal of material an record goes to show that there & love affair between the petitioner herein and decease ch who committed suicide. The main accusation that has been made against the petitioner herein is that he refused to marry the deceased, This Court views that mere refusal to Marry cannot be considered as instigating or aidk ng the deceased ta cammit suicide. For abetting the offence, the persan abetting must have intentionally aided the commission of the crime.
Learned counsel for the petitioner in support of his contention relied upon a decision reported in Arnarm Manoranjan Goswami Vs. State of Maharashtra', wherein if was held that;
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Sunday between 19.00 ar. and O5 96 P.M, for & period ag Four Manths, t UH The petitioner shat AGE directly of indirectly Contact ar threaten the witnesses under any Circumstances and any such attempt shail be Construed as an attempt of influencing the Witnesses and Shall not tamper evidence ang shall CO-Onerate With the tral, oF Accordingly, the Criminal Petition is allowed, co Sdi- S. SRINIVASA PRASAD _ ASSISTANT REGISTRAR alsa (TRUE COPYH aren co 7 Pe _ SECTION OFFICER » The V Addl. Judicia: Magistrate of Fires Class, Nellore. . The Speciai Judge for tra; Of offences under SCs and STs(POA) Achoum-V Additional District and Sessions Judge Nellore. . The Superintendent, Nellore Ceritral Prison Nellore. The Station House Offleey, Dargamitts Police otatian, Rep, by Pubic Prosecutor, High Court of Andhra Pradesh At Amaravathi, (by RPAD} % One Cte srr MALIREDDY GOWTHAM Advonaia [OPUC]
- Two Cs ta PUBLIC PROSECUTOR, High Court of 4 POUT] One sogre Copy.
HIGH COURT PMR DATED: 14 1/2023 BAIL ORDER GREP No. g884 of 2023 DIRECTION