IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THURSDAY, THE FIFTEENTH DAY OF MAY, WO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE: M. SATYANARAYANA MURTHY CRL.P. No. 5484 OF 2014 Between:
Kakumanu Ramesh S/o Gopalakrishna Gokhale Petitioner/Accused (in Cr No. 189 of 2014 on the file of Nandigama P.S., Krishna District) AND The State of A.P., rep. by its Public Prosecutor, High Court of A.P., Hyderabad, through SHO, Nandigama P.S., Krishna District.
Respondent/Respondent COUNSEL FOR THE PETITIONER: Sri P. Prabhakara Rao COUNSEL FOR THE RESPONDENT : The Additional Public Prosecutor Petition under Section 438 of Cr.P.C., praying that in the circumstances stated in the petition and grounds filed herein, the High Court may be pleased to grant anticipatory bail to the petitioner/accused in the event of his arrest in connection with Crime No. 189 of 2014 dated 10-04-2014 on the file of the Station House Officer, Nandigam Police Station, Krishna District.
THE COURT MADE THE FOLLOWING ORDER “This Criminal Petition is filed under Section 438 of the Code of Criminal Procedure, 1973, by the accused in Crime No.189 of 2014 of Nandigama Police Station, apprehending his arrest in connection with the above crime as he is alleged to have committed an offence punishable under Sections 498-A, 324, 506 IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961.
2. The case of the prosecution is that the petitioner belongs to Chowdary caste, married the de facto complainant on 24.11.2000 in the presence of elders. T h e de facto complainant is working as teacher in Nellore Ravindrabharathi School and blessed with two daughters. However, there were differences between the petitioner and the de facto complainant and that the de facto complainant filed O.P.No.132 of 2006 for dissolution of marriage and also a maintenance case in M.C.No.103 of 2008. While the matter stood thus, it is alleged that on 09.04.2014 at about 7.30 p.m. the petitioner harassed the de facto complainant for non compliance of illegal demand for payment of additional dowry and caused injuries over the body of the de facto complainant.
3. Learned counsel for the petitioner mainly contended that the matter is compromised and filed an affidavit reporting compromise and sought for pre-arrest bail so as to accommodate both the petitioner and de facto complainant to enter into compromise before the Lok Adalat.
4. The learned Public Prosecutor fairly considered for grant of pre-arrest bail so as to accommodate both the parties to enter into compromise before the Lok Adalat.
(Contd. 2. ) . 2 .
5. Taking into consideration of the facts and circumstances of the case, more particularly, the time and date of offence, I find no prima facie material against the petitioner directly connecting him with the offence punishable under Sections 498-A, 324, 506 IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961 and that the de facto complainant is working as teacher in Nellore Ravindrabharathi School by the date of incident and that maintenance case and divorce O.P. are pending. In such case, the question of the petitioner demanding payment of additional dowry in normal course does not arise. At the same time, the petitioner and the de facto complainant are intended settle the dispute before the Lok Adalat.
6. Keeping in view of the facts and circumstances of the case and to avoid further prespitation of litigation between the parties, I am of the considered view that it is a fit case to enlarge the petitioner on bail in the event of his arrest.
7. In the result, the petition is allowed directing the Station House Officer, Nandigama Police Station to release the petitioner on bail in the event of his arrest in connection with above crime on his executing personal bond for Rs.20,000/- with two sureties for the like sum each to the satisfaction of the said Station House officer.
//TRUE COPY// To ASSISTANT REGISTRAR for ASSISTANT REGISTRAR
1. The XVI Additional District & Sessions Judge at Nandigama, Krishna District.
2. The Station House Officer, Nandigama Police Station, Krishna District.
3. Two CCs to Public Prosecutor, High Court of A.P., Hyderabad. (OUT)
4. One CC to Sri P. Prabhakara Rao, Advocate (OPUC)
5. One Spare copy BV HIGH COURT MSM.J DATED: 15-05-2014 ANTICIPATORY BAIL CRL.P.NO.5484 OF 2014 BAIL GRANTED DRAFTED: BY BV DATED : 16-05-2014 HIGH COURT MSM.J DATED: 15-05-2014 ANTICIPATORY BAIL CRL.P.NO.5484 OF 2014 BAIL GRANTED