D SURENDER REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Criminal Petition is filed under Section 482 of Criminal Procedure Code to quash the proceedings in CC.No.87/2001 on the file of the XXII Metropolitan Magistrate: Cum: Mahila Court, Hyderabad. The petitioners herein are the accused against whom a charge sheet is filed for the offence under Section 498-A of Indian Penal Code for subjecting Smt.D.Manisha Reddy to cruelty who is the wife of the 1st petitioner and daughter in law of the 2nd and 3rd petitioners.

(2.) The facts in brief of the prosecution are as follows: - On 17/10/2000 at 11-10 hrs Banjara Hills P.S. Hyderabad City received a telephone message from Apollo Hospital, Jubilee Hills, that one patient by name Smt.D.Manisha Reddy, D/o.D.K.Samarasimha Reddy R/o. Banjara Hills, Hyderabad, has been admitted in the hospital in an unconscious state alleged to have swallowed 30 tablets of 0.5 mg Aparazorom "Restyle" at her residence at 6-00 p.m. and on that information the Sub Inspector of Police rushed to the Apollo Hospital and found Manisha Reddy but he could not record her statement as she was in an unconscious state and in deep sleep. The Duty Medical Officer also endorsed on the Medico Legal Case registered that "patient is in deep sleep and drowsy because of drug effect. Not in a position to give statement." Accordingly, he returned to the Police Station accompanied by Sri D.K.Samarasimha Reddy (father of D.K.Manisha Reddy), who submitted a written complaint stating that on 07/10/2000 when he was sitting in the house of one Mr.Jana Reddy along with Mr.Raguma Reddy discussing about the future of his youngest daughter of Smt.Manisha Reddy as she has been subjected to lot of mental harassment by her husband - D.Surender Reddy (1st petitioner) her father-in-law (D.Damodar Reddy) and Smt.D.Radamma (mother-in-law), his co-brother's daughter Deepthi came in hurry and said that Manisha had gone into unconscious state and were suspecting some mischief. Immediately he rushed home and shifted his daughter to Apollo Hospital in an unconscious condition. The step taken by his daughter was due to harassment meted out to her by her husband and in-laws. On the complaint given by the father of the victim, Sub Inspector of Police, Banjara Hills P.S., registered a case in Crime No.468/2000 under Section 498-A IPC and took up investigation.

(3.) During the course of investigation, the Sub Inspector of Police examined the complainant - D.K.Samara Simha Reddy (father of the victim), Smt.D.K.Sulochana (mother of the victim), Sri Raguma Reddy and Sri Jana Reddy as witnesses to corroborate the version of the complainant and Deepthi and Sravanthi to whom the victim said to have revealed earlier about the harassment and misbehaviour of accused No.2. Detailed statement of the victim - D.Manisha Reddy is taken. All the Witnesses LWs 1 to 8 stated that the victim- Manisha Reddy was harassed by her husband and in-laws demanding dowry and the father-in-law of the victim misbehaved with her, and therefore, the victim took extreme step to commit suicide due to mental torture meted out to her by her husband and her in-laws. The victim herself stated that she was tortured by the husband and in-laws demanding dowry and her father-in-law (Damodar Reddy) misbehaved with her and made attempts to outrage her modesty. The entire investigation was conducted by the Sub Inspector of Police and on the same day when the victim was hospitalized he has visited the scene of offence and seized two suicidal notes left by the victim and also empty strips of Restyle tablets under the cover of panchanama in the presence mediators LWs 9 and 10. All the accused obtained anticipatory bails from the High Court.