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2023 Supreme(Online)(TEL) 14133
HIGH COURT FOR STATE OF TELANGANA
D. NAGARJUN, J
Thurupati Sreenu – Appellant
Versus
The State – Respondent
CRLP/134/2023
An accused is not entitled to bail if the investigation is not complete and the truth, including the role of the accused, is yet to come out.
Headnote:
CRIMINAL PETITION - SECTION 438 OF CRPC - BAIL - SUICIDE - [The court dismissed the bail petition filed by the petitioner who was accused of abetting the suicide of the deceased by not paying her the money for the sale of her house, which he had registered in his wife's name without her knowledge.]
Fact of the Case:
The petitioner was accused of abetting the suicide of the deceased by not paying her the money for the sale of her house, which he had registered in his wife's name without her knowledge. The deceased had constructed a house at Shankarpally, Ranga Reddy District, and since she had incurred huge debts in constructing the said house, she asked the petitioner to see that the house is sold to someone who could purchase the house and clear off the debts. Accordingly, the petitioner arranged to have the deceased taken to the office of the Sub-Registrar concerned and got the house property registered in favour of one Sri Afzal and in turn from Sri Afzal to the wife of the petitioner herein without making any payment to the deceased. Subsequently, the petitioner refused to pay money to the deceased.
Finding of the Court:
The court found that the petitioner had got the house property of the deceased registered in the name of his wife without making any payment and that what transpired between the deceased and the petitioner from morning to evening is not known. The court also noted that further investigation is required to bring out the truth, including custodial interrogation of the petitioner.
Issues: Whether the petitioner is entitled to bail in the event of his arrest in connection with the suicide of the deceased.
Ratio Decidendi: The court held that the petitioner is not entitled to bail as the investigation is not complete and the truth, including the role of the petitioner, is yet to come out.
Final Decision: The court dismissed the bail petition.
ORDER:
Hezrd learned counsel for the petil ione r //,ccused as well as tl re learnecl Assistatrt public prosecutot. qpo6r.irr*
for the ret pondent State_ Perused the record.
2.
This Crirninal perrrior_r un<1cr Section 4iJt, ,3r. p.C.
is filed seek ing ;-)re_arr(.st bail of ttre perition,:r u.ho is arrayed as Accused in Crirne No.406 of 2a22 on rhe file of Shankarpr lti poiict. Sllr r()r). (.r.berabad Distrrt.r.
I egij;tered for the offe rce ltunishable undcr Section 306 lpC.
3.
The Ii cts ol thi (.its(.. :rs coulcl lrc perr:eivr.,rl rorn the contents of the corrrplllrrr. ilre that thc ci((:cils((r. u.ro is the mother of the clt.l:,rr.ro compiainant, has con:;,..uct.ed a house at S ranllarpalh , R:rnga Redd-r, Disl ric-t. ,.ilncc the deceased hz s irvoh,r,d in hr-rgc ciebts in c()nstrL r:ting the said house, shc zrskcrl tltr petitioner to s(,e t:hat ttri_,house is sold to so ncborl-r.. u lto r.:u.r prrrcl.r:rsc thc lrclrtse, ,;o i,s to clear off tht dcllts At.ctrrclinqh . the per ition(.r ;r,irc(i to
7 *" ;t')$"'
ct'' '3i of Sub-Registrar to the office the deceased have taken in favour registered property and got the house concerned lo the wife of the Sri Afzal in turn' from and'
one Sri Afzal to the any payment making without herein petitioner to have stated the petitioner Subsequently'
deceased-
the deceased'
to pay money t'o refused at i'e' on O8'O9 '2022
4. While so' on the date o[ incident went to the ration shop to about 11 0O a m ' the deceased until evening'
bring rice, but she did not return back home Shehasnotansweredthephonecallsinspiteofseveral and other family efforts made bv the de facto complainant members At 7-30 p m thc deceased returned back home in a drunken condition and when questioned' she stated the petitioner to that she mct the petitioner and begged give monet' in respect of sale of house by the deceased' On the samc clar', she committed suicide'
5. As scen trom the complaint' the petitioner stated to in have got the house property of the deceased registered the name oi his u'ife rvithout making any payment' What transpirecl tretueen deceascd and the petitioner from morni rg to -) ' .
evening is il ilrl]
nor k"'n/uo\,,\.t^r '
investi lation is done, t-t less lurther rncluding cusfociiai i:
the petitioner, r(
the tru or otherr'r'ise .,ffi::::r;t of thr:
not con e out. ?herefolh to"totting and in the natLtie cf offence t 1e f,rcts and .,,"'
or rhe cas: it fit case t) grant r." r..:,';:,"nces rs nor a
6.
Acc rrdirrgly, this Crimrnal petition is drsrr rs;sec.
7.
Misc ellaneous petitions pendrng, rl an\. ilt this Criminal ttition F shall stancl closcd.
Sd/.MOHD.SAITI\ULLAH ANSARI "/
ASSIS--,O.NT REGISTRAR IITRUE COPY// Cn Sl:C)TtC)N OFFTCER To .
21 . T Thh ee SFi tr as tt i oC nl a Hs os u l rt l ea bgi fs fit cra ete r,, Sat n C *rh re rpv -e rl rla ri. R pa "n iig Ja J R iie rd i"d "y . Disln( t uyo,rr;rba,l, Ranga Reddy District.
3 Two ccs to the f ubric prosecutor, High court for the state ,)F Terangana at Hyderabad (OUT I
1 9n" CC to Sri G. /enkateshwarlu. Advocate
5. tOpUCl Two CD Copies Kj HIGH COURT DATED:11101/2023 ,4. iA I- r: 1 L-l /,' ;.' I g lii'l'
1l ORDER ol 2023 CRLP'No.134 DISMISSING TH CRL.P.
