G Sri Devi, J. - (1.)The petitioners, who are accused Nos.2 and 3, in S.C.No.582 of 2017 on the file of the VII Assistant Sessions Judge-cum-Senior Civil Judge at Ranga Reddy, filed the present Criminal Petition under Section 482 Cr.P.C., seeking to quash the proceedings in the said S.C., which was taken on file against them and one Marri Venkatesh (accused No.1) for an offence punishable under Section 306 of IPC.
(2.)The case of the prosecution, in brief, is that on 17.07.2015 at 0800 hours, one Burra Anjaiah, lodged a complaint with the police stating that his younger brother Burra Lakshminarayana left home on 16.07.2015 at about 1.00 P.M. and in the evening when the wife of said Bura Lakshminarayana telephoned him, he informed that he was returning home, but he did not return home till night. They came to know through police that the said Lakshminarayana consumed pesticide and died in the Forest area of Gurramguda. He further stated in the complaint that the said Burra Lakshminarayana was suffering from financial problems for the last few years, as a result of which, he committed suicide. Basing on the said complaint, the Inspector of Police, Vanasthalipuram Police Station, Cyberabad, registered a case in Crime No.603 of 2015 under Section 174 Cr.P.C. and investigated into the case.
(3.)Thereafter, the Sub Inspector of Police, Vanasthalipuram Police Station took up investigation. During the course of investigation, it is revealed that one Burra Lakshmi Narayana (hereinafter referred to as "the deceased"), aged 35 years, is the cousin brother of the complainant. LW.2 (Burra Swapna) is the wife of the deceased and their marriage took place about nine years prior to the incident. Out of their wedlock, they were blessed with two children and they are residing in H.No.13/A, Sri Krishna Nagar, Green Hills Colony, Kothapet, Ranga Reddy District. The deceased was an RMP doctor by profession and running a Clinic under the name and style as "Sri Sai Teja Poly Clinic" at Mall. Accused No.1 is a childhood friend of the deceased and they are natives of Namapuram Village, Nalgonda District. In the year 2004, accused No.1 started money broker business in the name and style as "Lavanya Pawn Broker" and he used to mortgage the gold and taking loans on less interest and invested into the Real Estate business. In that process, accused No.1 had taken an amount of Rs.4.00 lakhs as hand loan from the deceased at Rs.2.50 paise per month and paid interest for few months only. As accused No.1 sustained loss in his business, he stopped the payment of monthly interest to the deceased and also did not pay the principal amount. The deceased used to ask accused No.1 to return his amount, but he postponed the same on one pretext or the other due to paucity of funds. Moreover, accused No.1 lured the deceased to join in Rs.2.00 lakhs chit run by him and he would adjust that interest amount to the monthly chit amount. Believing his words, the deceased joined in the said chit group. Despite lifting the chit, accused No.1 did not give the chit amount and caused mental agony to the deceased. In the year 2009, a case in Crime No.1322 of 2009 on the file of Saroornagar Police Station, Cyberabad, came to be registered against accused No.1, in which he was remanded to judicial custody. The father of the deceased Burra Marraiah is having a Plot No.33, admeasuring 247 square yards, situated at Sy.Nos.89 and 90 at Turkyamjal Village, Hayathnagar Mandal. The deceased wanted to dispose off the said plot to start a clinic with that sale proceeds and the same was informed to accused No.1. On that accused No.1, with an evil intention in order to grab the property, asked the deceased to give the documents to him so that he will get it disposed off through his friend, who is doing Real Estate business, but the deceased refused to give original papers and asked him to come on the next day. Thereafter, the deceased handed over the original documents of the plot, but accused No.1 failed to fulfil his commitment once again. When the deceased asked about the disposal of his plot, accused No.1 told him that the original documents were misplaced. When the deceased demanded him to return those documents in order to dispose of the said plot to clear off his dues, accused No.1 replied that he could not do anything as he is also in deep debts. As there was no other option, the deceased took a hand loan of Rs.2.00 lakhs from accused Nos.2 and 3 with interest at the rate of Rs.2/- per month. On 16.07.2015, accused Nos.2 and 3 came to the house of the deceased and quarrelled with him and demanded him to return their amount and also insulted him saying that if he was not capable of repaying the amount, why he had taken the amount and that, either he had to clear off the dues or to die. On the same day in the afternoon at about 1.00 P.M., the deceased left home and did not come home in the evening. The wife of the deceased made phone calls, but he did not respond. The deceased went to the Forest area in Gurramguda, Hayathnagar Mandal and consumed Organophosphate insecticide and died. The deceased left a suicide note by mentioning the names of accused Nos.1 to 3 and narrated how they harassed him for money. Accused Nos.1 to 3 have tortured and caused mental agony to the deceased and their acts put him deep debt traps, as a result of which, he had taken extreme step of committing suicide. After completion of investigation, the Sub Inspector of Police, Vanasthalipuram Police Station, laid a charge sheet against the accused for the offence punishable under Section 306 of I.P.C. and the same was taken on file as S.C.No.582 of 2017 on the file of VII Assistant Sessions Judge- cum - Senior Civil Judge, Ranga Reddy District.