Andhra Pradesh High Court - Amravati
Kethavath Ramchand Naik Ram Charan Naik ... vs The State Of Andhra Pradesh on 6 January, 2021
[3240] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE SIXTH DAY OF JANUARY, TWO THOUSAND AND TWENTY ONE :PRESENT: THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO: 6169 OF 2020 Between: . 1. Kethavath Ramchand Naik @ Ram Charan Naik @ Charan (A'), S/o. Sriramulu, aged about 29 years, R/o. Hasanabad Thanda Village, Macherla Mandal, Guntur 2. Kethavath. Darmi (A2), W/o. Sriramulu, aged about 52 years, R/o. Hasanabad Thanda Village, Macherla Mandal, Guntur District. ...Petitioners/ Accused AND The State of Andhra Pradesh, Rep. by Station House Officer, S.H.O. of Nagarjuna Sagar P.S, Guntur District, Rep. by Public Prosecutor, ...Respondent/ Complainant Petition under Section 437 & 439 of Cr.P.C, praying that in the circumstances stated in the memorandum of grounds of Criminal Petition, the High Court may be pleased to release/enlarge the petitioners/Accused on Bail in connection with Crime No.234/2020, dt.21-11-2020 on the file of Nagarjunasagar P.S., Guntur District pending investigation and trial in the interest of justice. The petition' coming on for hearing, upon perusing the Petition and memorandum of grounds of criminal petition and upon hearing the arguments of Sri K.Venkatesh, Advocate for the Petitioners and Public Prosecutor for the Respondent, the Court made the following. ORDER:
HONOURABLE SMT. JUCTICE LALITHA KANNEGANTI Criminal Petition No.6169 of 2020 ORDER:
This Criminal Petition is filed under Section 437 and 439 of the Code of Criminal Procedure, 1973 (for short "the Cr.P.C.") seeking regular bail to the. petitioners/A-1 and A-2 in connection with Crime No.234 of 2020 of Nagarjuna Sagar Police Station, Guntur District, registered for the offences punishable under Sections 498A, 306 read with 34 of the Indian Penal Code, 1860 (for short "IPC").
2. A complaint is lodged by the de-facto complainant stating that he had a son and three daughters. He performed his 24 daughter viz., Manjula's marriage with the 1st petitioner/A.1 in the year 2014 and out of their wedlock they blessed with two sons. Initially, the petitioners look after his daughter well for some years and thereafter the 1st petitioner/A.1 started harassing his daughter Manjula. It is alleged that on 05.11.2020 at about 8.00 A.M., his daughter Manjula, along with the 1s petitioner/A.1 went to the field and while she had conversation with other women, the 1s petitioner/A.1 objected saying that they are not good women, and picked up quarrel with his daughter and beat her indiscriminately. It is also alleged that as the 1st petitioner/A.1 beat his daughter and she went to his relatives house where the 1* petitioner/A.1 rushed there and demanded to send her back to his house. When the petitioners scolded his daughter Manjula, due to humiliation, she consumed pesticide and committed suicide. Later, his daughter Manjula was shifted tom Mahathma Gandhi Hospital, xeon 2 LK, J CRLP.No.6169 of 2020 Narasaraopet and later she was shifted to Government Hospital for better treatment and while. undergoing treatment, his daughter Manjula lost her breath. Basing on the said complaint, the present crime is registered. _
3. Heard Sri K. Venkatesh, learned counsel for the petitioners and the learned Public Prosecutor for the respondent-State.
4. Learned counsel for the petitioners submits that the incident took place on 05.11.2020 and there was no intention on behalf of the petitioners and the complaint does not disclose any material to connect the petitioners/A.1 and A.2 for the alleged offence. He further submits that there is no abetment for the deceased to commit suicide as the petitioners are languishing in jail from 25.11.2020.
5. On the other hand, learned Public Prosecutor submits that there are specific overt acts against the petitioners and because of harassment of the petitioners, the deceased committed suicide. He submits that the investigation in the crime is pending and hence, the petitioners are not entitled for bail.
6. Even as per the complaint, the 1st petitioner consumed pesticide and tried to kill himself, for which the Qnd petitioner/A.2, who is mother of the 1%t petitioner, scolded the deceased Manjula. Except the said allegation, there are no other overt acts attributed against the petitioners. As far as the offence under Section 306 IPC is concerned, as rightly pointed al To, 3 LK, J CRLP.No.6169 of 2020 out by the learned counsel for the petitioner, there is no abetment by the petitioners to commit suicide by the deceased Manjula. In view of the same, this court deems it appropriate to grant bail to the petitioners.
7. Accordingly, the Criminal Petition is allowed. The petitioners/A.1 and A.2 shall be enlarged on bail on their executing personal bond for Rs.20,000/- (Rupees twenty thousand only) each with two sureties for a like sum each to the satisfaction of the I Additional Judicial Magistrate of First Class, Macherla, Guntur District.
Sd/-K.TataRao ASSISTANT Reson ITTRUE COPYII SECTION OFFICER For ASSISTANT REGISTRAR _ The | Additional Judicial First Class Magistrate Court, Macherla, Guntur District.
_ The Superintendent, Sub-Jail, Gurazala, Guntur District.
- One CC to Sri. K.Venkatesh, Advocate [OPUC] _ Two CCs to Public Prosecutor, High Court of AP [OUT] . One spare copy Saanwno _ The Station House Officer, Nagarjunasagar Police Station, Guntur District / ¥ a HIGH COURT:
LKJ DATED:06/01/2021 ORDER CRLP.No.6169 of 2020 ALLOWED