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Judgment
Dr V R K Krupa Sagar, J
This Criminal Petition, under Section 438 of Cr.P.C. (New Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023), is filed by the petitioners/A.1 to A.3 seeking anticipatory bail in connection with Crime No.594 of 2024 of Penamaluru Police Station, Krishna District, registered for the offences punishable under Sections 498-A and 306 read with 34 I.P.C.
Heard Smt. M.Radha, the learned counsel for petitioners and the learned Assistant Public Prosecutor for respondent-State.
Perused the record.
Case diary shows A.2 and A.3 are parents of A.1. The deceased is a woman and was wife of A.1. A.1 is working as Ward Planning and Regulation Secretary, 9th Grade in Vijayawada Municipal Office. During the wedlock, they were blessed with a female baby who is aged 10 months. At the present, the baby is with A.1 and is looked after by A.1 to A.3. On 01.06.2024 A.1 and his wife and their baby were in the house of the parents of the deceased. In the morning at 8:00 A.M. the woman went to the bathroom and after 15 minutes A.1 went and knocked the door and his wife replied that she was taking bath. He waited for 15 more minutes and still she did not come out and he once again knocked the door and he found no response. Then he along with his in-laws forcibly got opened the bathroom door and found the woman was hanging. They got the rope cut and brought her down and admitted her in hospital. It was at that stage at Kamineni Hospital, the statement of the father of the victim woman was recorded and crime was registered under Section 174 Cr.P.C. Subsequently, she died and an alteration memo was filed for the offences under Sections 498-A and 306 read with 34 I.P.C. From the first information that was lodged by the father of the deceased, it is seen that while the spouses have got 10 months old baby, the woman became pregnant and she was being properly taken care of by everyone. On successive occasions, the woman was taken to hospital and it seems this time the baby in the womb is also a girl. As per the initial statement of the father of the deceased, one would see that his daughter and son-in-law have been coming and telling that they would keep up the pregnancy and on another occasion the deceased was telling that the hospital agreed to abort it. Thus, it seems that there were some discussions among the family members as to whether the woman should carry the pregnancy or should she get it aborted. It was in such circumstances, the death occurred. The contentions of the petitioners are that the matrimonial life has always been happy and it was never in trouble and while the infant child was there, the wife became pregnant and because of that she suffered weakness and there were certain health issues that cropped up. Petitioners never denied for the next baby whether it is male or female. However, in unfortunate circumstances for no reasons the woman committed suicide and thereafter unnecessary allegations are made against the petitioners as if they committed some crime while in fact they are always innocent. No other material is placed before this Court by the prosecution.
Considering the facts as they are available on record, one could not find any fact constituting any crime against these petitioners. In such circumstances, the prayer has to be granted.
In the result, this Criminal Petition is allowed. In the event of arrest of the petitioners herein/A.1 to A.3, they shall be enlarged on bail on each executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum each to the satisfaction of the concerned Investigating Officer. The petitioners shall mark their attendance before the Investigating Officer on 1st and 15th of every month between 10.00 AM and 1.00 PM till filing of the charge sheet. The petitioners shall make themselves available for investigation by a police officer as and when required, and they shall not, directly or indirectly, make any inducement, threat or promise to any persons acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer. They shall not indulge in similar acts of crime.