Shaik Valisagari Fayaz vs State Of Andhra Pradesh

K. Sreenivasa Reddy, J

This Criminal Petition, under Sections 437 and 439 of Cr.P.C., has been filed by the petitioner/Accused, seeking regular bail, in Crime No.138 of 2022 of Chagalamarri Police Station, Nandyal district, registered for the offences punishable under Sections 354(a), 306, 506 IPC.

Heard. Perused the record.

On a perusal of the material on record goes to show that the accused is alleged to have hugged the de facto complainant and on seeing the same the deceased got enraged and thereafter he left the place. It is stated by the de facto complainant that the deceased was suffering from stomach-ache and on the date of incident i.e., on 15.08.2022, at about 04.30 pm, the deceased consumed pesticide and called her father-in-law stating that unable to bear the stomach pain, he consumed pesticide and succumbed to the same. On the next day i.e., on 16.08.2022 the present complaint has been filed by the de facto complainant against the petitioner herein on the ground that the acts of the petitioner/accused are unbearable and hence she resorted in filing the present complaint.

In order to attract the offence under Section 306 IPC, it is essential that the ingredients of Section 107 IPC have to be satisfied. As per Section 107 IPC, abetment may be by instigating a person to commit an offence; by engaging in a conspiracy to commit an offence or by intentionally aiding a person to commit an offence. A perusal of the provisions of Section 107 IPC goes to show that as of now during the investigation there is any amount of ambiguity that the allegations would suffice so as to attract an offence under Section 306 IPC. There is no accusation to the extent that the deceased has committed suicide because of the abetment of the accused. On the other hand, there is an accusation to the extent that the accused was behaving indecently with the de facto complainant.

Petitioner was arrested on 01.04.2023 and since then he is in judicial custody. Learned Assistant Public Prosecutor submits that as many as seven (7) witnesses were examined and major portion of investigation has been completed and for want of RFSL report the police have not filed charge sheet.

In view of the aforesaid facts and circumstances of the case, this Court is inclined to grant bail to the petitioner herein on the following conditions.

i) The petitioner herein shall be released on bail on his executing a personal bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties for a like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Allagadda, Nandyal district.

ii) On release, the petitioner shall appear before the Station House Officer concerned twice in a week i.e. on every Wednesday and Friday between 10.00 a.m. and 01.00 p.m., till filing of the charge sheet.

iii) It is needless to mention here that in case if the petitioner interferes with the family of the de facto complainant and if any complaint is received from the de facto complainant against the petitioner herein/accused, the police concerned are at liberty to file an application for cancellation of bail granted to the petitioner herein.

Accordingly, the Criminal Petition is allowed.