ORDER

“This petition is filed under Section 438 Cr.P.C. to grant anticipatory bail to the petitioners-accused for the offences alleged under Sections 306 r/w 34 IPC and 3 (1) (r) and 3 (1) (s) of SCs & STs (POA) Amendment Act, 2015.

2. Heard learned counsel for the petitioners-accused, learned Additional Public Prosecutor representing the State and perused the record.

3. Learned counsel for the petitioners-accused would submit that the petitioners are innocent persons and falsely implicated in this case. The petitioners-accused have nothing to do with the alleged suicide committed by the husband of the de facto complainant. The husband of the de facto complainant was in. the habit of giving suicidal threats. The husband of the de facto complainant was promoted from Office Subordinate to Junior Assistant as per the procedure established in the year 2015. Even the alleged allegations are not in public view. The husband of the de facto complainant was in the habit of making similar allegations and he did not discharge his duties as per the procedure and rules established. A charge memo was issued to him. Relied on decisions reported in J. Sumana v. Endluri Aseerwadamma and another (1) 2003 (1) ALT (Crl.) 246 (A.P.) = 2003 (1) ALD (Crl.) 252 (A,P.) and P. Bhaskar Raju v. State of Telangana and others (2) 2015 (2) ALD (Crl.) 150 and ultimately, prayed to allow the application.

4. On the other hand, learned Additional Public Prosecutor opposed the grant of bail to the petitioners-accused stating that there is direct nexus between the abetment to commit suicide and utterance made by the petitioners-accused. There is specific mention of abusing N. Ravi Kumar (hereinafter referred to as ‘the deceased”) in the name of his caste in public view. There is suicidal note to the effect revealing the manner how the deceased was driven to commit suicide. The allegations are grave. It is not a fit case to grant bail to the petitioners-accused under Section 438 Cr.P.C.

5. In the course of submissions, it is brought to the notice of this Court that the other two accused were granted regular bail.

6. As per the F.I.R. lodged in this case, the deceased who was working as Office Subordinate was promoted as Junior Assistant and transferred to work at Ponnur, Medical and Health Centre. It is also alleged that the petitioners and other accused have not posted to the place of convenience of the deceased and he was transferred to Ponnur instead of Guntur. It is also alleged that the petitioners developed grudge against the deceased. He was physically and mentally harassed, including in the name of his caste and ultimately, he consumed poison on 17.11.2017 and while undergoing treatment on 22.1 1.2017, he died.

7. As per the records, the deceased was promoted as Junior Assistant on 04.05.2015 and posted to work at Ponnur, Medical and Health Centre, pursuant to the orders passed by D.M. & H.O. Guntur District. The D.M. & H.O. lodged a report on 09.09.2016 to the Superintendent of Police, Guntur, wherein it is alleged that the deceased gave threats to his officers stating that his promotion was delayed. He was being harassed and made a press release to that effect. By that report, it was brought to the notice of the authorities concerned that the deceased was irregular in duties and causing inconvenience to the public. In spite of repeated instructions and issue of officials memos, his services were not satisfactory. A charge memo, dated 19.09.2016 was issued by the office of the D.M. & H.O., Guntur, vide Memo Reference No.2438/E2/2016, wherein the following charges were framed against the deceased.

I. Article No.1: That Sri N. Ravi Kumar, Jr. Asst., % the Medical Officer, CHC Ponnur, Guntur District is on willful un authorized absent to his duties from 25.06.2016.

2. Article No.2: He did not maintained certain records and registers which are mandatory to any institution. An amount of Rs.1,30,800/- was released to CHC, Ponnur for the year 2015-16 under diffe