Andhra Pradesh High Court - Amravati
V.S Tyagarajan vs State Of Andhra Pradesh, on 3 March, 2021
[ 3240] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE THIRD DAY OF MARCH, TWO THOUSAND AND TWENTY ONE : PRESENT: THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO: 1256 OF 2021 & Ss Between: V.S Tyagarajan, S/o V.J Subrahmanyam, 604,Tower II,N.C.C. Urban ,Narsing Appa Road,Rajendra Nagar, Kokapet,Ranga Reddy District, Telangana. ...Petitioner AND State of Andhra Pradesh, rep by Public Prosecutor, High court of A.P, Amaravathi. .. Respondent Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the memorandum of grounds filed in the Criminal Petition, the High Court may be pleased to grant Anticipatory Bail to the petitioner in the event of his arrest in connection with crime No.61 of 2021 of PS Krishna Lanka, Vijayawada on such terms and conditions of this Hon'ble Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Mis. C Sindhu Kumari, Advocate for the Petitioner and of Public Prosecutor for the Respondent, the Court made the following. ORDER
HONOURABLE SMT. JUSTICE LALITHA KANNEGANTI Criminal Petition No.1256 of 2021 ORDER:
This Criminal Petition is filed under Section 438 of the Code of Criminal Procedure, 1973 (for short "the Cr.P.C.") seeking pre-arrest bail to the petitioner/accused in the event of his arrest in connection with Crime No.61 of 2021 of Krishna Lanka Police Station, Vijayawada City, Krishna District, registered for the offence punishable under Section 306 of the Indian Penal Code, 1860 (for brevity "IPC"),
2. A complaint was lodged on 03.02.2021 by the de facto complainant stating that his father Jyothi Babu, was in marketing field since 30 years and presently he was working as Regional Manager of GOLDROP Oil Company for the last 5 years. It is alleged that when his father was looking very sad from sometime, himself and his mother enquired him. His father told that Tyagarajan, who is working as National Sales Manager and Srinivas, who is working as Assistant Sales Manager, are putting lot of pressure on him, were troubling him and abusing in the name caste in front of all staff members. All the family members tried to console him that these are common issues at work place. On 02.02.2021 at about 9.00A.M., his father went to Vijayawada stating that he had some work at Vijayawada office. On 03.02.2021 in the morning at about 8.00A.M., one Pothuri Jagadish, who is a close associate and friend of his father, telephoned him and informed that his father sent a Whatsapp massage in the company group stating that he is reece! 2 LK, J CRLP.No.1256 of 2021 going to commit suicide. Later, he found his father committed suicide by hanging himself in a hotel at Vijayawada. Basing on the said complaint, the present crime is registered.
2. Heard Sri S.S. Prasad, learned senior counsel appearing for the petitioner and the learned Public Prosecutor for the respondent-State.
3. Learned senior counsel appearing for the petitioner submits that even if the allegations in the complaint are taken on their face value, they do not attract the offence under Section 306 IPC. Learned senior counsel relied on a decision of the Hon'ble Supreme Court in Ramesh Kumar v. State of Chattisgadh (2001 (9) SCC 618) to contend that instigation, abetment should be to incite or encourage to do an act by the deceased, and in the present complaint, there are no such allegations, as such, the ingredients of Section 306 IPC are not attracted. He further submits that the petitioner is working with Lohia Group since 2017 and his place of work is at Hyderabad and the place of work of the deceased is at Vijayawada. He further submits that during the life of time deceased Jyothi Babu, there was no complaint either by the deceased or any one against the petitioner either in writing or orally. As such, his case may be considered for grant of pre-arrest bail.
4. On the other hand, learned Additional Public Prosecutor submits that the investigation is in progress and so far five witnesses have been examined and at this stage, the petitioner is not entitled for pre-arrest bail.
3 LK, J CRLP.No.1256 of 2021
5. Having regard to the facts and circumstances of the case and taking into consideration the fact that the petitioner was working at Hyderabad and the deceased was working as Regional Sales Manager in GOLDROP Edible Oil Company in Vijayawada as there is no physical supervision of the petitioner on the deceased. This court, prima facie, is of the view that the allegations in the complaint do not attract the ingredients of Section 306 IPC. Hence, this court deems it appropriate to grant pre-arrest bail to the petitioner/accused.
6. Accordingly, the Criminal Petition is allowed. The petitioner/accused shall be enlarged on bail in the event of his arrest in connection with Crime No.61 of 2021 of Krishna Lanka Police Station, Vijayawada City, Krishna District, on his executing personal bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of the Station House Officer, Krishna Lanka Police Station, Krishna District.
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