THE HON’BLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL PETITION No.14911 of 2014 ORDER:
The petitioner, who is A.5, filed this Criminal Petition under Section 438 Code of Criminal Procedure, 1973 (for short, Cr.P.C.) seeking release in the event of arrest in connection with Crime No.566 of 2014 of Sanathnagar Police Station, Cyberabad, registered for the offence punishable under Section 420, 498-A, 406 and 506 of Indian Penal Code, 1860 (for short, I.P.C.) and Sections 3 and 4 of Dowry Prohibition Act, 1961.
Originally a private complaint was filed under Section 200 Cr.P.C. and the same was referred to the police under Section 156 (3) Cr.P.C. The allegations in the complaint would show that the marriage of the informant with accused No.1 took place on 23.06.2007. At the time of marriage, the parents of the informant gave Rs.5.00 lakhs cash, 67 grams gold and Rs.25,000/- towards adapaduchu katnam apart from agricultural land to an extent of Ac.1.15 cents situated at Karakampadu village. It is alleged that all the accused postponed to take back the informant to their house on one pretext or the other. At the intervention of elders, the accused demanded Rs.1.00 lakh for taking the informant to their house. Accordingly, the father of the informant arranged the same and dropped her at the house of accused on 21.04.2008. At the time of marriage the accused informed to the informant that accused No.1 was working as an executive in HSBC, Visakhapatnam, but later came to know that accused No.1 was not even a graduate and was without any employment. The informant did not disclose anything with a view to safeguard the reputation of her parents in the village. Thereafter, the informant came to know that accused No.1 was having intimacy with accused No.5. When she asked accused Nos.2 to 4 about the same, they agreed and supported the intimacy between accused Nos.1 and 5. In the month of April, 2009, accused No.1 and the informant joined in Bajaj Allianz, at Machilipatnam, but accused No.1 left the company immediately. It is alleged that accused No.1 demanded the informant to bring additional dowry of Rs.5.00 lakhs and when she expressed her inability to bring the same, accused No.1 is alleged to have beat her and also abused her in an un-parliamentary language. It is also alleged that accused No.2 deliberately kept the B.Ed. Certificate of the informant in unknown place and demanded the informant to bring additional dowry of Rs.5.00 lakhs if she wants the said certificate. It is alleged that on 16.10.2011 all the accused necked out the informant from the house. Unable to bear the harassment in the hands of the accused, the informant made an attempt to commit suicide on 10.06.2014. Basing on these allegations the above case came to be registered.
Heard learned counsel for the petitioner and learned Public Prosecutor appearing for the respondent-State.
Learned counsel for the petitioners submits that even accepting the allegations made in the complaint to be true no offence is made out. According to him, the allegations made against the petitioner are general and vague in nature.
Learned Public Prosecutor opposed the application.
A perusal of the F.I.R. does not anywhere disclose specific allegations of harassment for property or dowry against the petitioner/A.5. It is the case of informant that A.1 had live in relationship with A.5 even prior to marriage of A.1 with the informant and she is alleged to have telephoned to the informant. On occasion she is alleged to have slapped the informant at the instance of A.1. The truth or otherwise of the allegations have to be enquired during the course of trial. Since the petitioner is a lady, and in view of the Judgment of the Apex Court in
[1]
Arnesh Kumar v. State of Bihar and another , her request can be
considered.
Accordingly, the Criminal Petition is allowed and petitioner is directed to surrender before the Station House Officer, Sanathnagar Police Station, Cyberabad within a period of fifteen days from today and on such surrender, petitioner shall be released on bail on her executing personal bond for Rs.10,000/- (Rupees Ten thousand only) with two sureties for a like sum each to the satisfaction of the same Station House Officer and on a further condition that she shall report before the Station House Officer, Sanathnagar Police Station, on every Sunday between 10.00 a.m. and 5.00 p.m. for a period of four weeks or till filing of charge sheet whichever is earlier.
05.12.2014 bv C. PRAVEEN KUMAR, J
[1]
2014 (2) ALT (Crl.) 457 SC