Andhra Pradesh High Court - Amravati
Vemula Kishore vs State Of Ap on 21 August, 2020
[ 3240] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE TWENTY FIRST DAY OF AUGUST, TWO THOUSAND AND TWENTY :PRESENT: CRIMINAL PETITION NO: 2926 OF 2020 Between: Dr. Vemula Kishore, S/o Vemula Munaiah, Aged about 31 years, R/o D.No.2/282, Kondamitta, GST Centre, Srikalahasthi, Chittoor District. Petitioner/Accused AND The State of Andhra Pradesh, rep by Public Prosecutor, High Court of Andhra Pradesh at Amaravati Respondent/Complainant Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the memo of grounds filed herein the High Court may be pleased to direct the Station House Officer, Alipiri Police Station, Tirupathi Urban, Chittoor to release the petitioner on bail in the event of his arrest in connection with Crime No.88/2020 of Alipiri Police Station, Tirupathi Urban, Chittoor District. The petition coming on for hearing, upon perusing the Petition and memo of grounds filed herein and upon hearing the arguments of Sri D Purnachandra Reddy, Advocate for the Petitioner, and of Public Prosecutor for Respondent, the Court made the following ORDER
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION No.2926 of 2020 ORDER:
This petition is filed under Section 438 of Cr.P.C seeking anticipatory bail to the petitioner / accused in connection with Crime No.88 of 2020 on the file of Alipiri Police Station, Tirupathi Urban, Chittoor District for the offence punishable under Section 306 IPC.
2. The case of the prosecution is that originally on 05.08.2019 on P.Hemalatha committed suicide by falling under a running train and a case was registered in Cr.No.164 of 2019 of Kachiguda Police Station, GRP, Secunderabad under Section 174 of Cr.P.C. Five days thereafter i.e. on 10.08.2019 the father of deceased lodged a report expressing suspicion against the petitioner for the death of deceased, section of law was altered from 174 Cr.P.C to 306 IPC and the case was transferred to Alipiri Police Station.
3, Heard Sri D.Purna Chandra Reddy, learned counsel for the petitioner and the learned Public Prosecutor for respondent.
4, Learned counsel for the petitioner would submit that initially on 05.08.2019 whenthe incident took place, the police recorded 16 Cr.P.C statements of brother and uncle of deceased and learned counsel by way of memo filed their 161 Cr.P.C statements. In the 161 Cr.P.C statement of brother of deceased, he stated that he completed Post Graduation and attending for interviews and his sister i.e. deceased completed MBBS course in March, 2019 at S.V. Medical College, Tirupathi. Later, they admitted her in DAMS Coaching Centre for PG entrance and joined her in Girls hostel on 13.04.2019. The brother of deceased came to Hyderabad about 15 days prior to death of deceased and residing at his relatives house at Beeramguda, Hyderabad.
5. It is stated that on 05.08.2019 at 11.30 a.m. he attended for interview at Gachibowli and after interview, he opened cell phone and found there is a message given by room-mate of his sister by name Pravallika stating that his sister Hemalatha is not attending coaching since 2 days and she is continuously crying in the room as she is not interested to do PG and requested him to come to hostel. By the time he reached the hostel at 3.00 p.m. his sister was not there in the hostel and her cell phone was kept in the bed and even Pravallika is also not available. He stated that later Pravallika came and informed about the health condition of deceased and her reluctance to pursue PG and not attending the classes. Then he along with his friends searched for the deceased and when they reached Railway station area, some people were saying that a lady committed suicide by falling down under MMTS train and when they went there and found the dead body of deceased. Then the police suggested them to call the elders and they will hand over the dead body after conducting panchanama and post mortem examination.
6. He further stated that his sister expressed her dislike to study PG and she wanted to work in any hospital and he also came to know that her health is not good in the recent past and also suffering from depression since last two days. He further stated that they have no suspicion about her death. Even the 161 Cr.P.C statement of uncle of deceased is also on the same lines.
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7. Learned counsel would point out at the complaint given by the father of deceased, wherein he stated that he has joined his daughter for PG Medical entrance in coaching centre at Hyderabad on 13.04.2019 and his daughter came to Tirupathi from Hyderabad on 31.07 2019 for the convocation and stayed there upto 03.08.2019 and returned to Hyderabad by Rayalaseema Express. He spoke to his daughter on 04.08.2019 between 9 and 10 a.m. and she informed him that when she was doing her house surgeon in Tirupathi, she got acquaintance with the petitioner who is doctor and later, the petitioner told that he loved and he wanted to marry her and utilized her in all ways and later when she asked him to marry her, the petitioner stated that he is already married and he wanted relationship with her to enjoy and further, as she belongs to SC community, he cannot marry her. When the deceased asked the petitioner as to what she has to do, he stated that she can die by falling down under a train.
8. The father of deceased stated that he will send brother of deceased and asked her to come back to his village. He immediately telephoned to his son and informed that as he is not feeling well, asked him to accompany N.Ranga Naidu and his uncle K.Nagaraju to the hostel and to bring his sister to their village. After coming to know about death of deceased his BP and sugar level raised up. Then on 06.08.2019 after completing formalities, they brought the dead body to their native place. Later after consulting with his son and other family members about the petitioner cheating the deceased and made her to commit suicide, he gave complaint.
9. Learned counsel for the petitioner pointed out at 161 Cr.P.C statement of one N.Ranga Naidu, who is an advocate and friend of father of deceased was recorded, wherein he stated that when he went to Hyderabad on 04.08.2019 to visit his daughter who is studying Narayana College, Madapur Branch, the father of deceased called him and narrated the conversation between him and his daughter. Then he called the brother of deceased and asked him to come to his sister hostel, then he informed that he will come in the evening, as he is having interview. Then he spoke to deceased and she also stated the very same version as stated by her father.
10. 'Learned counsel for the petitioner argued that immediately after the incident, the 161 Cr.P.C statements of the brother of deceased and close friend of father of deceased were recorded, but nowhere they stated about the incident narrated either by the father of deceased or by the uncle of the deceased stated. In fact, 161 Cr.P.C statements of brother and uncle of deceased are on the same lines. But the father who spoke to the deceased a day before the death has kept quiet till 10.08.2019 and gave complaint as an afterthought to implicate the petitioner. But 161 Cr.P.C statement of friend of father of deceased is altogether different and he stated certain facts, which were not stated by the father of deceased and he has gone to the extent of saying that he has asked the brother of deceased to meet her, whereas the other witnesses are silent. Learned counsel for petitioner would submit that the petitioner is working as doctor in Tirupathi and he has nothing to do with any of the allegations in the complaint and he is falsely implicated in this case.
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11. Per contra, learned Public Prosecutor would submit that this is case of abetment to commit suicide and in the complaint given by the father of deceased, there are specific overt act attributed j against the petitioner and as the investigation is at the initial stage, the petitioner is not entitled for bail.
12. This Court having perused the 161 Cr.P.C statements available on record and the complaint given by father of deceased, is of the considered opinion that this is a fit case for granting anticipatory bail.
13. In the result, the criminal petition is allowed and the petitioner / Accused shall be released on bail in the event of his arrest in connection with Crime No.88 of 2020 on the file of Alipiri Police Station, Tirupathi Urban, Chittoor District, on his executing a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two sureties each for a likesum to the satisfaction of Station House Officer, Alipiri Police Station, Tirupathi Urban, Chittoor District. After release, the petitioner shall appear before the Station House Officer, Alipiri Police Station on every Friday between 10.00 a.m. and 12.00 noon for a period of two months or till filing of charge sheet whichever is earlier.
As a sequel, all the pending miscellaneous applications are closed. t.
Sdi- M. Suryanadha Reddy ASSISTANT REGISTRAR -
Yl ea f ITRUE COP For ASSISTA RAR i, Chittoor f " The Special Sessions Judge-cum-V Addl. Sessions Judge, Tirupathi,
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2 The Station House Officer, Alipir Poli ; istri ravati é Chit Obl Prosecutor, High Court of Andhra Pradesh at Ama j 3, Two a OUT)
4. one GC to Sri D. Purna Ch
5. One spare copy skm i ce Station, Tirupathi Urban, andra Reddy, Advocate (OPUC) weet tite At HIGH COURT LK,J DATED:21/08/2020 ORDER CRLP.No.2926 of 2020 DIRECTION