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2021 Supreme(AP) 429

ANDHRA PRADESH HIGH COURT AT AMARAVATHI
Lalitha Kanneganti, J.
Mottipolu @ Metrupolu Krishna Murthy - Appellant
Versus
State of Andhra Pradesh - Respondent
Criminal Petition No. 3653 of 2021
Decided On : 14-07-2021

Advocates Appeared:
Sreekanth Reddy Ambati, Advocate

The court's decision to grant bail was based on the prima facie absence of the ingredients of Section 306 IPC in the petitioner's case and the completion of the investigation.

Headnote:

Regular Bail - Criminal Procedure - The court granted regular bail to the petitioner/A-4 in connection with a case registered for the offence punishable under Section 306 of the Indian Penal Code, 1860. The court considered the fact that the investigation was completed and prima facie the ingredients of Section 306 IPC were not attracted to the petitioner.

Fact of the Case:

The petitioner/A-4 filed a Criminal Petition seeking regular bail in connection with a case registered for the offence punishable under Section 306 of the Indian Penal Code, 1860. The prosecution alleged that the petitioner's brother, A-1, informed the deceased's father that her husband committed suicide by hanging, leading to the registration of the present crime.

Finding of the Court:

The court considered the submissions of both parties and noted that the petitioner had nothing to do with the family affairs of A-1 and that the ingredients of Section 306 IPC were not attracted to the petitioner. The court also took into consideration the completion of the investigation and the petitioner's prolonged incarceration before granting bail.

Issues: The issues revolved around the petitioner's alleged involvement in the offence punishable under Section 306 IPC and the completion of the investigation.

Ratio Decidendi: The court's decision to grant bail was influenced by the fact that the ingredients of Section 306 IPC were not prima facie attracted to the petitioner and that the investigation was completed.

Final Decision: The Criminal Petition was allowed, and the petitioner/A-4 was granted bail on executing a self bond for Rs.20,000/- with two sureties for a like sum each to the satisfaction of the Court of the IV Additional Junior Civil Judge, Guntur.

JUDGMENT

Lalitha Kanneganti, J. - This Criminal Petition is filed under Sections 437 and 439 of Code of the Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking regular bail to the petitioner/A-4 in connection with Crime No.123 of 2021 of Kothapet Police Station, Guntur Urban, registered for the offence punishable under Section 306 of the Indian Penal Code, 1860 (for short 'IPC').

2. The case of prosecution is that a complaint was lodged by father of the deceased stating that marriage of the deceased and A-1 took place seven years ago and since then they have been residing separately and in the morning hours of 08.05.2021 at about 7.30 AM, A-1 informed him over cell phone that her husband committed suicide by hanging. On receipt of such information, he rushed to the scene of offence. Petitioner is brother of A-1. Basing on the said complaint, the present crime was registered.

3. Heard Sri Sreekanth Reddy Ambati, learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State.

4. Learned counsel for the petitioner/A-4 submits that petitioner is brother of A-1 and he has nothing to do with the family affairs of A-1 and he is leading his life, as such, the question of abetting the deceased to commit suicide does not arise. Further, he submits that even offence under Section 306 IPC is not attracted to the facts of the present case. He was arrested on 17.06.2021 and it is also submitted that most of the investigation is completed and prayed to consider his case for grant of bail.

5. On the other hand, learned Assistant Public Prosecutor submits that the entire investigation is completed and police are about to file charge sheet.

6. Taking into consideration the fact that the petitioner is languishing in jail from 17.06.2021. Prima facie it appears that the ingredients of Section 306 IPC are not attracted to the petitioner further the investigation is also completed. Hence, this Court deems it appropriate to grant bail to the petitioner.

7. Accordingly, this Criminal Petition is allowed. The petitioner/A-4 shall be enlarged on bail on his executing self bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of the Court of the IV Additional Junior Civil Judge, Guntur.

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