HON’BLE SMT. JUSTICE JUVVADI SRIDEVI CRIMINAL PETITION No.11482 of 2024

ORDER :

Petitioner/accused has filed this petition under Sections

480 and 483 of Bharatiya Nagrik Suraksha Sanhitha, 2023 (for short ‘BNSS’) seeking bail in Cr.No.74 of 2024 of Kulkacherla Police Station, Vikarabad District registered for the offences under Section 307 of Bharatiya Nyaya Sanhita, 2023 (for short BNS).

2. Heard Sri P.Shiva Reddy, learned counsel for petitioner and Sri M.Ramachandra Reddy, learned Additional Public Prosecutor appearing for the State and perused the record.

3. The case of the prosecution is that de facto complainant was married to the accused by her parents and she used to come often to her parents house as her husband used to abuse her. Due to which a panchayath was held before village elders but she did not go to her in-laws house. On pressure of her parents she went to her in-laws house. In the meantime she maintained extra marital affair with someone and went away with him due to which her in-laws warned, as a result of which her father scolded her. Later he gave toddy mixed with poison and by consuming the toddy she suffered severe stomach pain and taken to hospital for treatment and subsequently she died.

4. Learned counsel for petitioner/accused submits that the petitioner/accused is innocent and had been falsely implicated in the case. He further submits that deceased herself consumed poison by mixing with toddy. He further submits that petitioner is implicated only basing on the confession to the police and also before Magistrate. He further submits that most of the investigation in the case is completed and the petitioner is in judicial custody since 30.07.2024 and hence, prayed for grant of bail.

5. The learned Additional Public Prosecutor opposed the application stating that specific allegations are leveled against petitioner/accused and investigation is still pending and charge sheet is not yet filed. He further submits that during the course of investigation the police seized poison bottle also, wherein the report of which goes to show that “item 1 is analysed and Paraquat dichloride a herbicide poison is found in it” and hence, prayed to dismiss the petition.

6. Having heard both sides and on perusal of the material, it is apparent that there are specific allegations against the petitioner/accused and the deceased died due to consuming of toddy mixed with poison and investigation also reveals that poison bottle labeled as “Ozone Paraquat Dichloride 24% S.L” was seized and the report of which discloses that it is a herbicide poison. Further the investigation is still pending. In the said circumstances, this Court is not inclined to grant bail.

7. In view of the above, this criminal petition is dismissed.

____________________ JUVVADI SRIDEVI, J Date: 22.10.2024 BV