Sections 304B and 498A, IPC=suspend the sentence imposed on the appellant and to enlarge the appellant on bail, pending Criminal Appeal=In this case it is to be noted that marriage of the deceased with appellant was performed on 13.02.2005 and they were blessed with two children. Though initially case was registered under Sections 304B, 498A and 302, IPC, after investigation the appellant and his parents were charged under Sections 304B and 498A, IPC.The parents of the appellant herein were discharged on an application and only appellant was tried for the offence under Sections 498A and 304B, IPC- in view of the pendency of the appeal before the High Court, we do not wish to go into the merits of the matter at this stage. However, considering the submissions made by the learned counsel and other material placed on record and further taking into account that the appellant is in jail since 15th December 2016, we deem it appropriate that it is a fit case to suspend the sentence imposed on the appellant and to enlarge the appellant on bail, pending Criminal Appeal No.1325 of 2016 before the High Court.

Crl.A.@S.L.P.(Crl.)No.2053 of 2020
NON­REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.521 OF 2020
[Arising out of S.L.P.(Crl.)No.2053 of 2020]
M. Radha Hari Seshu   …..Appellant
Versus
The State of Telangana         …..Respondent
O R D E R
1. Leave granted.
2. This   criminal   appeal   is   filed   by   the   appellant­accused,
aggrieved by the order dated 20th March 2019 passed in I.A.No.1
of 2019 in Criminal Appeal No.1325 of 2016 by the High Court
for the State of Telangana at Hyderabad.  By the aforesaid order,
High   Court   dismissed   the   application   filed   by   the   appellant
herein under Section 389(1) of the Code of Criminal Procedure
seeking suspension of sentence imposed in Sessions Case No.306
of 2013 by the learned III Additional District & Sessions Judge,
Ranga   Reddy   District   at   L.B.   Nagar   vide   judgment   dated
14.12.2016.
3. Based on the complaint dated 07.12.2011 filed by the  de
facto  complainant a case was registered against the appellant
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and his parents in Crime No.964 of 2011 for the alleged offences
under Sections 498A, 304B and 302, Indian Penal Code (IPC) on
the file of KPHB Police  Station, Ranga Reddy District.   After
completion of investigation,  chargesheet was filed  against the
appellant­accused no.1, and his parents – accused nos.2 and 3
for the offence under Sections 304B and 498A, IPC.  The learned
XIX Metropolitan Magistrate, Cyberabad took cognizance of the
case against the accused for the offences under Sections 304B
and   498A,   IPC   and   committed   it   to   the   Court   of   Sessions,
Metropolitan Sessions Judge, Cyberabad.  Upon committal, same
was registered as Sessions Case No.306 of 2013 for offences
under Sections 304B and 498A, IPC.  The learned III Additional
District & Sessions Judge, Ranga Reddy District, L.B. Nagar, by
judgment dated 14.12 2016 passed in Sessions Case No.306 of
2013,   has   convicted   the   appellant   herein   for   offence   under
Sections   304B   and   498A   of   IPC.     He   was   sentenced   for
imprisonment of life and to pay fine amount of Rs.5,000/­ with
default clause for the offence under Section 304B and was also
sentenced   for  a  period  of  three   years  with  a  fine   amount  of
Rs.3,000/­ for the offence under Section 498A of IPC.  Accused
nos.2   and   3   in   the   aforesaid   case   were   discharged   on   an
application filed by them, as such, appellant alone was tried for
the offence under Sections 498A and 304B, IPC. 
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4. As against the conviction recorded and sentence imposed
by the learned III Additional District & Sessions Judge, Ranga
Reddy District, L.B. Nagar, the appellant has preferred appeal
before the High Court for the State of Telangana at Hyderabad
and filed I.A.No.1 of 2019 in Criminal Appeal No.1325 of 2016
seeking suspension of sentence and to release the appellant on
bail, pending disposal of the criminal appeal.  Such application
filed   by   the   appellant   is   dismissed   by   the   High   Court   vide
impugned order.
5. We   have   heard   Sri   R.   Basant,   learned   senior   advocate
appearing for the appellant and the learned counsel standing
counsel appearing for the State of Telangana.
6. By taking us to the judgment of the Sessions Court and
other material placed on record, it is contended by Sri Basant,
learned senior counsel that though prosecution has utterly failed
to prove the guilt of the appellant­accused for the offence under
Sections 304B and 498A of IPC, by misconstruing the evidence
on   record,   the   trial   court   has   erroneously   convicted   the
appellant.   It is submitted that deceased was married to the
appellant   as   early   as   on   13th  February   2005   and   they   were
leading happy married life and were also blessed with two sons.
Further it is submitted that except interested witnesses, the case
of the prosecution is not proved by any independent witness.  By
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referring to the provision under Section 304B, IPC it is submitted
by learned senior counsel that there is absolutely no evidence to
show that, soon  before  her death deceased  was  subjected to
cruelty or harassment by the appellant­husband.  Inspite of the
same, trial court has wrongly convicted the appellant for offence
under Section 304B, IPC and imposed the maximum punishment
of imprisonment for life.  Further it is submitted that PW­1 and
PW­2 are the parents of the deceased and PW­3 is a close friend
of the deceased, as such, they are interested witnesses and if
deposition of such witnesses is carefully scrutinised by applying
ratio laid down by this Court in the case of Piara Singh & Ors. v.
State of Punjab1
, their testimony was not to be relied on by the
trial court to convict the appellant.  Further it is submitted that
inspite   of   making   a   strong   prima   facie   case   to   suspend   the
sentence,   pending   appeal,   the   High   Court   has   dismissed   the
application without recording valid reasons. 
7. On the other hand, the learned standing counsel appearing
for the State of Telangana has submitted that by recording valid
reasons the application of the appellant is rejected and there are
no grounds to interfere with the same.
8. Having   heard   learned   counsel   on   both   sides,   we   have
perused the impugned order and other material placed on record.
1 (1977) 4 SCC 452
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9. In this case it is to be noted that marriage of the deceased
with   appellant   was   performed   on   13.02.2005   and   they   were
blessed with two children.  Though initially case was registered
under Sections 304B, 498A and 302, IPC, after investigation the
appellant and his parents were charged under Sections 304B and
498A, IPC.  The parents of the appellant herein were discharged
on an application and only appellant was tried for the offence
under Sections 498A and 304B, IPC.   It is also brought to our
notice that the appellant is confined in jail from 15th December
2016 onwards and further it is also brought to our notice that
the father of the appellant was diagnosed with pancolitis.
10. Though learned senior counsel, by taking us to the findings
recorded by the trial court, has submitted that no case is made
out for the offence under Section 304B and he was erroneously
convicted for offence under Section 304B as well as 498A, IPC, in
view of the pendency of the appeal before the High Court, we do
not   wish   to   go   into   the   merits   of   the   matter   at   this   stage.
However,   considering   the   submissions   made   by   the   learned
counsel and other material placed on record and further taking
into account that the appellant is in jail since 15th  December
2016, we deem it appropriate that it is a fit case to suspend the
sentence imposed on the appellant and to enlarge the appellant
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on bail, pending Criminal Appeal No.1325 of 2016 before the
High Court.
11. For the aforesaid reasons, this appeal is allowed. Impugned
order   dated   20th  March   2019   passed   in   I.A.No.1   of   2019   in
Criminal Appeal No.1325 of 2016 passed by the High Court for
the State of Telangana at Hyderabad, is set aside and we order
that the sentence imposed on the appellant in Sessions Case
No.306 of 2013 by the learned III Additional District & Sessions
Judge,   Ranga   Reddy   District,   L.B.   Nagar   in   judgment   dated
14.12.2016, shall remain suspended pending disposal of appeal
before the High Court and the appellant shall be released on bail
subject  to  such  conditions  to  be  imposed   by the   trial  court.
Further, we direct that the appellant shall not leave the country
pending disposal of the appeal before the High Court.
………….………………………………..J.
[ASHOK BHUSHAN]
….…………………………………………J.
[R. SUBHASH REDDY]
New Delhi.
August 14, 2020.
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Crl.A.@S.L.P.(Crl.)No.2053 of 2020
ITEM NO.14 Court 5 (Video Conferencing) SECTION II
 S U P R E M E C O U R T O F I N D I A
 RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s).2053/2020
(Arising out of impugned final judgment and order dated 20-03-
2019 in IA No.1/2019 passed by the High Court For The State Of
Telangana At Hyderabad)
M. RADHA HARI SESHU Appellant(s)
 VERSUS
THE STATE OF TELANGANA Respondent(s)
([HEARD BY: HON. ASHOK BHUSHAN AND HON. R. SUBHASH REDDY, JJ.])
(IA No.32537/2020-EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT and IA No.32536/2020-PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES[FOR ORDERS ON 14.08.2020])
Date : 14-08-2020 This matter was called on for pronouncement
of order.
For Petitioner(s)
Mr. Manoj C. Mishra, AOR
For Respondent(s)
Mr. S.. Udaya Kumar Sagar, AOR
Ms. Bina Madhavan, Adv.
Ms. Swati Bhardwaj, Adv.

 O R D E R
Leave granted.
The appeal is allowed in terms of the signed nonreportable order.
Pending application(s), if any, stands disposed of.
(ARJUN BISHT) (RENU KAPOOR)
COURT MASTER (SH) BRANCH OFFICER
(signed non-reportable order is placed on the file)
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