IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD FRIDAY, THE TWENTY FIFTH DAY OF APRIL, TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE: C. PRAVEEN KUMAR CRL.P. No. 4381 of 2014 Between:
1. Smt. Maneela W/o Narsing Rao
2. Bommagouni Anand S/o B. Narsing Rao Petitioners/Accused Nos. 2 & 3 (in FIR. No.438 of 2013 on the file of the Chilakalaguda P.S., Secunderabad.) AND The State of A.P., rep. by its Public Prosecutor, High Court of A.P., Hyderabad, through Station House Officer, Chilakalaguda Police Station, Secunderabad.
Respondent/Complainant COUNSEL FOR THE PETITIONERS : Sri N. Rama Krishna 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 petitioners/Accused Nos. 2 & 3 in the event of their arrest in FIR No. 438 of 2013 of Chilakalaguda Police Station, Secunderabad.
THE COURT MADE THE FOLLOWING ORDER “The petitioners, who are accused Nos.2 and 3, filed this Criminal Petition under Section 438 Cr.P.C., seeking release in the event of their arrest in connection with Crime No.438 of 2013 of Chilakalaguda Police Station, Secunderabad, registered for the offences punishable under section 498-A IPC, Sections 3 and 4 of the Dowry Prohibition Act, 1961 and Section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
The averments in the report disclose that the marriage between the informant and the first accused which took place on 10.04.2008 was a inter-caste love marriage. The said marriage was to the dislike of the petitioners. However, the first accused and the informant lead happy marital life for a period of one year and were blessed with a son. Later the first accused suspected her fidelity and used to harass her. Insofar as the allegations against the petitioners are concerned, it is alleged that petitioners did not allow the informant into their house as she belongs to SC Madiga community women and further instigated the first accused to leave her and come back to them. They also demanded the informant to send back the first accused to them. Basing on these allegations the above case came to be registered.
Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent- State.
A perusal of the material placed before the Court would disclose that the marriage between the informant and the petitioner was to the dislike of the petitioners. Further, the allegations of harassment are mainly directed against accused No.1. Insofar as the petitioners are concerned they are alleged to have abused the informant by touching her caste. The First Information Report is silent as to when and where the petitioners abused the informant by touching her caste.
(Contd. 2.) . 2 .
Having regard to the nature of allegations against the petitioners and in view of the judgment of the Apex Court in Vilas [1] Pandurang Pawar Vs. State of Maharashtra 2012 (8) SCC 795 I am inclined to grant anticipatory bail to the petitioners on certain terms and conditions.
Accordingly, the Criminal Petition is allowed. The petitioners are directed to surrender themselves before the Station House Officer, Chilakalaguda Police Station, Secunderabad, within a period of two (02) weeks from today, and on such surrender, they shall be released on bail on their executing a personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) each with two sureties for a like sum each to the satisfaction of the Station House Officer, Chilakalaguda Police Station, Secunderabad.”
//TRUE COPY// To ASSISTANT REGISTRAR for ASSISTANT REGISTRAR
1. The Special Judge for trial of Offences Under SCs and STc (POA) Act cum VI Additional Metropolitan Sessions Judge, Secunderabad.
2. The X Additional Chief Metropolitan Magistrate, Secunderabad.
3. The Station House Officer, Chilakalaguda Police Station, Secunderabad.
4. Two CCs to Public Prosecutor, High Court of A.P., Hyderabad. (OUT)
5. One CC to Sri N. Rama Krishna, Advocate (OPUC)
6. One Spare copy BV HIGH COURT CPK.J DATED: 25-04-2014 ANTICIPATORY BAIL CRL.P.NO.4381 OF 2014 BAIL DRAFTED: BY BV DATED : 25-04-2014 HIGH COURT CPK.J DATED: 25-04-2014 ANTICIPATORY BAIL CRL.P.NO.4381 OF 2014 BAIL
[1] 2012 (8) SCC 795