Andhra Pradesh High Court - Amravati
Yerrogopi Thulasiram vs The State Of Andhra Pradesh, on 3 January, 2024
WEDNESDAY THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR 'PRESENT: THE HONOURAGLE SRI JUSTICE T MALLIKARJUNA RAD CRIMINAL PETITION NO: 9549 OF 2023 Rotwvoer: Yerrogop! Thulasiram, S/o. Late Y. Govindaswamy, Aged about 48 years, Gee Employee in TTD. Riad No. 13/24, LB.Nagar, Near West Church, MLR Pall, Tirupati Urban Mancdal, Trupati District PetitionerfAccused 4 AND The State of Andhra Pradesh, rep by its Public Prosecutor, High Court of Andhra Pradash At Amaravati RespondentiCompmainant Patition under Section 438 of Cr.P.0 is Med, praying that in the circumstances stated In the memorandum of grounds Hed in support of the Criminal Petition, the High Court may be pleased ta direct the Station House Officer, Alipiri Pollee Station, Chittoor District to release the Petitionars/Accused No. 1 on ball In the event of his arrest in connection with Cr No. 326 of 2023 of Allpii Poliog Station, Chiteor District COUNSEL FOR THE PETITIONER - SRID PURNACHANDRA REDDY COUNSEL FOR THE RESPONDENT > PUBLIC PROSECUTOR THE COURT MADE THE FOLLOWING ORDER THE HON'BLE SRI JUSTICE T.MALLIRARIUNA RAG Criminal Petition No.9549 af 2023 retition is Med seeking anti cloatory ball uncer Sections 438 This Criminal of the Code of Criminal Procedure, 1975 CCrPC) & petitionerfAd in Crime Mio 326 of 2023 of Alou Station, registered for the offence under Section BOG, 48 S06 aad with 34 of indian Penal Coce (for short IRC') and Sections 3 anc 4 of Bowry Prohdation Act. 2. Heart isarnecd counsel for the petit Subvic Prosecutar representing the: The case of BFOSECULO _ in brief, is that shoul 26 years aga, marriage 3 we of the petitioner/A.1 was performed with the deceased. They both lived hapgly ie perind and thereafter the petitioner addic cted ta vices and developer for &O are harassed the deceased for want of egal relationship with another lady aciditional dowry, and took separate rented house in Tirupathi. in the year 2019, he anplied for divorce with the help of AQ. Al and Ag harassed the areased mentally and physically for want of divorce. The deceased requested the petitioner/A.{ for reunion and A. refused the sarne. Due to that, the deceased vexer! with her ffs, poured Kerosene on herself and Ht fire. While ent she succumbed fo injuries. undergoing trea sel for the petiioner : 24 of IPO are not attracting fo the | Facts of the 3 yeancds that Sectian present case. Th 306 read saith ere shoud be clear mens- rea to comrnit offence under Section 306 of IPC and there ought to be an active ar direct act leach: ng the deceased to cammit suicieie bei ing fe with ne option, 5, As per the case of prosecution, the marri: age of deceased with A.l was held 26 years ago. They blessed with on @ gin by same Nikhite, now she js aged about 15 years. Reacling of the report lodged by the mother of deceased shaws that the deceased fled maintenance case against her husband/petitioner/Al through a lawyer and the court ordered fo pay oh maintenance amount oF Rs.S000/- per month. Ib oy ning facie shows that the petitioner and deceased were nat living together under the same roof The report further shows that the petitioner herein fled divorce case against the deceased in the Family Court. If seems that the petiiioner has initiated legal proceedings to get divarc eda, os On the other hand, the accusation made against A? js thet on 31.08.2023 around 6.30 PM, while the 483 deceased wes at home, a person by name Govindgrajulu (4.2) whe is the uncle of pelitigner/A.i came and said to the deceased that she should give divorce to the pettioner/A.i. Jt seams that the deceased on the same day at about 8.45 P.M, comraitted suicide by pouring xerosene on fer ane lit fire, Pe Learned counsel for the petitioner points that this Court was pieased to grant anticipatory bal to A.2 in OrLP.No.O012 of 2025, dated 65.12.2073. . 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The ather accusation made against the petitioner/A.. is that he developed llicit Intimacy with a wornan, Learned counsel for the petitioner relied on a decision reported In «V.Prakash Sabu v. State of Karnataka'. ne Horrble Anex Court held that - wite csaling mith she GUESHOR Efe agatonshio befween Are apoeliant and the 2" accused therein was a Rawmariial fading to o Sube _ 4 ue wane Be TREE OF Seca F98-A of IPC anc whetser ze "e 5 ~. Es " : iNBU WOU? amount fo abetment leading to the act af suiciee within fhe mesning Section 206 IRC. he Hor'ble Apex Court observed that but for Ne alleged extra-marits! ralationstup. which if proved. coutd ' age . ¢ i N BS Ray yee + One Be egal and émmoral nothing has been Aroy ON Out Oy hoe PPOsecutin? fo shows Sak the esccused had Grovoked. iced or "6 induced ihe site to commit suicide' Li. & reading of the eect o complainant's report dees not show that the ccused provoked, incited or induced the decease cd fo commit suicide, ig. Considering the material on record and due to long standing disputes between the deceased and the pettioner/A.) rong secs, this Court does not * Cr PNo LIS ~ 1139 of S018, dated 22. LL.2016 Senses VLE "NS fren Rs patory AR anticip oO he Y Hy x gra any Sect Nowe is ¥« j : t Le. OF week R 3 roan ey poet neeponendte! .
ed § One spare copy 3, Fwo HIGH COURT TRE,.J DATED SAM /20a4 SAN. ORDER CREP No.g549 of 2029 OS a e a YS a Se BS SS TSS Se ees TNT SENT CN SRR >