IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH FRIDAY, THE EIGHTH DAY OF AUGUST, TWO THOUSAND AND FOURTEEN :PRESENT:
THE HONOURABLE SRI JUSTICE C. PRAVEEN KUMAR CRL.P. No. 9059 of 2014 Between:-
K. Sreedhar S/o. K. Subba Narasaiah.
..... Petitioner/Accused No.1 in Crime No. 32 of 2014 of Women Police Station, Kurnool.
AND The State of A.P., Rep. by Public Prosecutor, High Court at Hyderabad.
. Respondent/Complainant.
Petition under Section 438 of CR.P.C., praying that in the circumstances stated in the petition and the grounds filed herein, the High Court may be pleased to direct the S.H.O. Women P.S., Kurnool to release the petitioner on bail in the event of his arrest in connection with the case in Crime No. 32 of 2014 of Women P.S., Kurnool The petition coming on for hearing, upon perusing the petition and the grounds filed herein, and upon hearing the arguments of Smt Vanga Anita, Advocate for the Petitioner and of the Public Prosecutor on behalf of respondent-State, the Court made the following ORDER:-
This Criminal Petition is filed under Section 438 Cr.P.C. by the petitioner-A.1 seeking release in the event of his arrest in connection with Crime No.32 of 2014 of Women Police Station, Kurnool District, which was registered for the offence punishable under Sections 498-A and 323 IPC and Section 4 of the Dowry Prohibition Act, 1961.
2. The averments in the First Information Report would disclose that the marriage of the informant with the 1st accused took place on 22.06.2007 at Nandyal in the presence of elders. At the time of marriage the parents of the informant are alleged to have given an amount of Rs.3,00,000/- cash and 8 tulas of gold as dowry to the accused. Both of them lived happily for a period of three years and thereafter A.1 to A.3 started harassing the informant physically and mentally for additional dowry and ultimately she was sent her to her parents’ house. It is stated that on 04.07.2014, A.1 went to the house of his in-laws, picked up a quarrel with the informant and beat hear with hands by holding her tuft. It is further discloses that the accused demanded the informant to get an amount of Rs.2,00,000/- from the retirement benefits of her father. Basing on these allegations, the above crime came to be registered.
3. Heard learned counsel appearing for the petitioner and learned Additional Public Prosecutor appearing for the respondent-State.
Contd..2..
- 2 -
4. A perusal of the First Information would discloses that much prior to the incident i.e., on 01.07.2014 the Circle Inspector of Police called for counseling and the informant appeared before the Police. But the petitioner could not appear as he was unwell. Hence the counseling was posted on 05.07.2014. Even on that day the petitioner did not turn up.
5. It is represented by the learned counsel for the petitioner that since the petitioner is apprehending arrest, he could not attend the counseling on 05.07.2014. He further submits that the petitioner is ready to take back the informant, if she is willing to join him.
6. Having regard to the facts and circumstances of the case and since the petitioner is willing to take back the informant, I am inclined to grant anticipatory bail to the petitioner on certain conditions.
7. Accordingly, the criminal petition is allowed. The petitioner is directed to surrender himself before the Station House Officer, Women Police Station, Kurnool, within a period of ten days from today, and on such surrender, he shall be released on bail on his executing a personal bond for a sum of 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 further condition that he shall appear before the Station House Officer, Women Police Station, once in a week i.e., every Sunday between 10.00 a.m. and 1.00 p.m., for a period of four weeks or till filing of the charge sheet, whichever is earlier.
ASSISTANT REGISTRAR //TRUE COPY// for ASSISTANT REGISTRAR To
1. The IV Additional District and Sessions Judge, Kurnool.
2. The Station House Officer, Women Police Station Kurnool. (Cr.No. 32 of 2014)
3. Two CCs to the Public Prosecutor, High Court at Hyd(OUT)
4. One CC to Smt Vanga Anita, Advocates (OPUC)
5. One Spare Copy. TKK HIGH COURT CPK.J DATE: 08-08-2014 ANTICIPATORY BAIL ORDER CRL.P. No. 9059 OF 2014 RELEASE THE PETITONER ON BAIL IN THE EVENT OF HIS ARREST.
DRAFTED BY TKK DT.08-08-2014.
HIGH COURT CPK.J DATE: 08-08-2014 BAIL ORDER CRL.P. No. 9059 OF 2014 RELEASE THE PETITONER ON BAIL IN THE EVENT OF HIS ARREST.