Dasari Suresh & Others vs State Of Andhra Pradesh

K. Suresh Reddy, J

Both the accused in Cr.No.244 of 2021 of Gajuwaka Police Station, Visakhapatnam City, filed the present application under Section 438 of the Criminal Procedure Code, 1973, seeking their release on anticipatory bail, in the event of their arrest in connection with the above crime, which was registered on 02.03.2021 for the offence under Section 306 of I.P.C.

Case of the prosecution is that, one Mummana Hariprasad (hereinafter referred to as ‘deceased’), is a resident of Gajuwaka and the de-facto complainant is the wife of the deceased. On 01.03.2021 at about 10.00 p.m. when the de-facto complainant telephoned to the deceased and as there was no response from the deceased, she having suspension, went to the office of the deceased and found the deceased hanging himself by committing suicide. Immediately, she took her husband to King George Hospital, where the doctors declared him as brought dead. It is further alleged that prior to the death of the deceased, a suicide video was taken by him, in which, the deceased alleged that the first petitioner used to harass and threatened him.

Heard both sides and perused the material on record.

Learned counsel for the petitioners submits that the first petitioner is working in a private firm and the police did not arrest him for the last more than two years. It is further contended that except saying that the first petitioner used to harass and threatened the deceased, there is no other incriminating material against the petitioners and prays to enlarge the petitioners on anticipatory bail.

Be that as it may, the crime was registered on 02.03.2021. As seen from the contents of the FIR, it is silent as to how the accused abated the deceased to commit suicide. Even in the complaint, it is not stated by the de-facto complainant as to for what reason, the first petitioner used to harass and threatened the deceased. In that view of the matter, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

The petitioners are directed to surrender before the Station House Officer, Gajuwaka Police Station, on or before 26.06.2023 and on such surrender, the Station House Officer is directed to enlarge the petitioners on bail on their executing a personal bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) each with two sureties for the like sum each to his satisfaction. After release, the petitioners are directed to cooperate with the Investigating Officer and they are also directed not to tamper with the witnesses.

Accordingly, the criminal petition is, allowed.