CRLP/9404/2024 of YELISETTI SURYA CHANDRA RAO Vs THE STATE OF ANDHRA PRADESH on 31 December 2024

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NOs:9200 of 2024, 9203 of 2024 &9404 of 2024

C O M M O N O R D E R:-

CriminalPetition Nos.9200 of 2024, 9203 of 2024 and 9404 of 2024, under Sections 480 read with 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘BNSS’) are filed by the petitioners/accused Nos.1 to 3, respectively, seeking regular bail, in Crime No.169 of 2024 of Dwaraka Police Station, Visakhapatnam Commissionerate.

2. A case has been registered against the petitioners/ accused Nos.1 to 3 for the offence punishable under Section 80 of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘BNS’).

3. Case of the prosecution, in brief, is that, accused Nos.2 and 3 are mother and father of accused No.1; marriage between accused No.1 and one Yelisetty Satya Priya (hereinafter referred to, as ‘the deceased’) was solemnized on 28.02.2024 at Manjeera Five Star Hotel, Rajahmundry, in a grand manner; at the time of marriage, the parents of the deceased presented Rs.4.5

crores cash and other properties, 100 Kaasula gold, 4½ kgs of silver towards dowry to accused No.1.

3.1 Three months subsequent to marriage, accused Nos.1 and 2 were alleged to have harassed the deceased demanding her to bring additional dowry from her parents, failing which, accused No.1 would give divorce to her; it was further alleged that accused No.2 used to decide the dress code of the deceased including inners; though it was informed to her parents and marriage elders, accused Nos.1 to 3 did not mend their attitude and continued their harassment; three days prior to the date of the offence, the deceased informed about the harassment of accused Nos.1 and 2 to her mother, but suddenly disconnected the call while accused No.1 was approaching towards her; 3.2. On 07.11.2024 at about 10.00 a.m. the deceased made a phone call to her mother, by crying, and informed that she could not tolerate the harassment of accused Nos.1 to 3 and she would commit suicide, for which, the mother of the deceased convinced her not to do so; on the same day at about 8.00 p.m. the marriage elder viz. Adabala Ramakrishna informed the uncle of the deceased viz. Adabala China Satyanarayana that the deceased committed suicide by hanging herself in bedroom due to unbearable harassment of accused Nos.1 to 3. Basing on the report of the brother of the deceased viz. Adabala Rama Kiran on 08.11.2024, police registered a case in Crime No.169 of 2024 for the aforesaid offence and investigated into.

4. Learned counsel appearing on behalf of the petitioners/accused Nos.1 to 3 submits that the contents of FIR contain vague, and bald allegations that there is a demand for additional dowry. There is no material on record to show when the additional dowry was being demanded by the petitioners/accused Nos.1 to 3. Even in the recitals of suicide note, there is no whisper whatsoever relating to the demand of additional dowry or the harassment with regard to properties of the deceased or the property belonging to the relatives of the deceased. The petitioners/accused Nos.1 to 3 were arrested on 09.11.2024 and since then, they are in judicial custody. Learned counsel further submitted that accused Nos.2 and 3 are aged about 59 years and 67 years, respectively. He further submitted that the father of the deceased too expired under suspicious circumstances in the year 2011 and according to him, there are suicidal tendencies in the family of the deceased.

5. On the other hand, learned Public Prosecutor for State submitted that there are specific accusations that are made as against the petitioners/accused Nos.1 to 3 that they harassed the deceased mentally. He further emphasized that there is a demand of additional dowry in the FIR. According to him, on the date of the incident, the deceased had called her mother and informed that she could not bear the unbearable harassment meted out by the accused Nos.1 to 3. He further submitted that the suicide note was brought into existence by the petitioners/accused Nos.1 to 3 at a belated stage and the same has not been handed over to the police but it was handed over to the Jurisdictional Court by the petitioners/accused Nos.1 to 3 themselves. He further emphasized that the said suicide note has to be examined by the investigating agency as to whether the same is genuine or not. He submits that investigation is at nascent stage.

6. Sri O.Manohar Reddy, learned senior counsel appearing on behalf of the respondent No.2/informant submitted that the statement of L.W1/Adabala Rama Kiran, who is none other than the brother of the deceased, discloses that the deceased committed suicide because of the unbearable harassment meted out to her by the accused. He further submitted that certain crucial information which was placed in the phone belonging to accused No.1, has been deleted by him; that police seized the said phone and laptop belonging to accused No.1 and the same has been sent for analysis and they are trying to recover the data. According to him, at this stage, if the petitioners/accused Nos.1 to 3 are enlarged on bail, there is every chance of influencing the witnesses and tampering the evidence, as they are highly influential persons.

7. Heard. Perused the record.

8. A perusal of record goes to show that marriage of the deceased was performed with accused No.1 on 28.02.2024 at Manjeera Five Star Hotel, Rajahmundry in a grand manner. At the time of marriage, the parents of accused No.1 i.e. accused Nos.2 and 3 demanded an amount of Rs.6.00 crores towards dowry, thereafter, the accused agreed for Rs.4.50 crores cash and other properties to accused No.1, 100 Kaasula gold, 4½ kgs of silver were given; accused No.1 and the deceased lived together happily for a period of three months, thereafter, accused No.2 harassed the deceased demanding her to bring additional dowry; the same was informed by the deceased to L.W1/Adabala Rama Kiran, that unless the demanded additional dowry is paid, accused No.1

would give divorce to the deceased. It was alleged that accused No.2 used to decide the dress code of the deceased including the inners. Three days prior to the date of the incident, the deceased and accused No.1 went to Araku and at that time, the deceased made a video call to her mother and informed about the harassment of accused Nos.1 to 3 and suddenly disconnected the call as her husband was coming. On 07.11.2024 at about 10.00 a.m. the deceased made a phone call to her mother by crying and informed that she could not tolerate the harassment of accused Nos.1 to 3 and intend to commit suicide. The mother of the deceased convinced her not to do so. On 07.11.2024 at about 8.00 p.m. the marriage elder called L.W1/Adabala Rama Kiran and informed that the deceased had committed suicide.

9. Learned counsel appearing on behalf of the petitioners/accused Nos.1 to 3 vehemently contended that there is a suicide note of the deceased which has been handed over to the Jurisdictional Court. A perusal of the recitals of the copy of suicide note prima facie goes to show that there is no allegation of harassment with regard to demand of additional dowry, it appears that there are differences of opinion between the deceased and accused No.2 with regard to apparel ought to have worn by the

deceased. The deceased in her suicide note had stated that all the outsiders talk good about accused No.2, but according to the deceased, accused No.2 was causing much mental harassment to her. A further perusal of copy of suicide note prima facie goes to show that there is any amount of ambiguity whether the aforesaid offence would attract as against the petitioners/accused Nos.1 to 3 or not. Except making accusations with regard to minor issues and there is any amount of ambiguity whether the deceased was physically harassed or she was beaten which would drive a person to commit suicide.

10. Sri O.Manohar Reddy, learned senior counsel appearing on behalf of respondent No.2/informant submitted that the said suicide note has not been handed over to police so as to verify its authenticity, but the petitioners/accused Nos.1 to 3 directly handed over the same to the Jurisdictional Court. It is for the investigating agency to examine and investigate as to whether the said suicide note was written by the deceased or the same has been brought into existence by the petitioners/accused Nos.1 to 3 themselves.

11. From a perusal of suicide note, prima facie this Court is of the opinion that in case the suicide note turns out to be authentic, the arrest of petitioners/accused Nos.1 to 3 and further incarceration would be unwarranted. Insofar as accused Nos.2 and 3 is concerned, though certain accusations have been made as against accused Nos.2 and 3, prima facie they are trivial in nature and the same would not lead the deceased to take the extreme step of committing suicide. Accused No.3, father of accused No.1, is a Chartered Accountant by profession and he is permanent resident of Visakhapatnam. There are no antecedents in respect of accused Nos.2 and 3. They have got fixed abode. In view of the aforesaid facts and circumstances of the case, this Court is of the opinion that bail can be granted in respect of accused Nos.2 and 3.

12. In respect of accused No.1, Sri O.Manohar Reddy, learned senior counsel strenuously contended that certain data, as to where he was on a call along with the deceased and others, has been deleted by him for the reasons best known to him and if he is enlarged on bail, there is every chance that he may tamper with the evidence. It is relevant to mention here that both accused No.1 and the deceased went to Araku before the death of the deceased and the deceased made a phone call to her mother and brother and informed about the harassment. She disconnected the phone call when accused No.1 arrived. The investigating agency seized the phone and laptop belonging to the accused No.1 and they are investigating the same to recover the data which has been deleted by accused No.1. In view of the said reasons, this Court is not inclined to grant bail to accused No.1 at this stage. This Court is also of the opinion that police has to investigate as to authenticity or otherwise of the suicide note submitted by the petitioners/ accused Nos.1 to 3 to the Jurisdictional Court and submit a report to the Court concerned. In the aforesaid facts and circumstances, Criminal Petition No.9200 of 2024 filed by accused No.1 is dismissed. Criminal Petition Nos.9203 of 2024 and 9404 of 2024 filed by accused Nos.2 and 3, respectively, are allowed, granting bail to the petitioners/accused Nos.2 and 3, on the following conditions:

(i) The petitioners/accused Nos.2 and 3 shall be released on bail on their executing personal bond for Rs.25,000/- (Rupees twenty five thousand only) each with two sureties for like sum each to the satisfaction of the learned I Additional Chief Metropolitan Magistrate, Visakhapatnam;

(ii) On release, the petitioners/accused Nos.2 and 3 shall appear before the Station House Officer concerned once in a week i.e. on every Friday between 10.00 a.m. and 01.00 p.m., till filing of the charge sheet.

(iii) The petitioners/accused Nos.2 and 3 shall not tamper or hamper with the evidence; Miscellaneous petitions pending if any, shall stand closed.

JUSTICE K. SREENIVASA REDDY

31[st] December, 2024.

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