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:4428 of 2014 Between:
1 Udagandla Rose Mery W/o. Rayappa,
2 Udagandla Anand Kumar S/o. Rayappa,
3 Udagandla Jhon S/o. Rayappa,
4 Udagandla Susheela W/o. Anand Kumar,
5 Udagandla Sravanthi W/o Jhon, . Petitioners/Accused No. 2 to 6 AND The State of A.P., rept. by the Public Prosecutor, High Court of AP., Hyderabad, through Karempudi PS., Karempudi, Guntur District.
. Respondent 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 enlarge the petitioners on bail in the event of their arrest in connection with Crime No. 13 of 2014 of Karempudi Police Station, Guntur District.
The petition coming on for hearing, upon perusing the petition and the grounds filed herein and upon hearing the arguments of Sri G.V. S.Mehar Kumar, Advocate for the Petitioners and of the Public Prosecutor for the Respondent, the Court made the following.
ORDER:
“The petitioners, who are accused Nos.2 to 6, filed this Criminal Petition under Section 438 Cr.P.C., seeking release in the event of their arrest in connection with Crime No.13 of 2014 o f Karampudi Police Station, Guntur District, registered for the offences punishable under Sections 307, 498-A, 448, 323 and 506 read with 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961.
Originally a private complaint was filed in the month of October, 2013, which was referred to police under section 156 (3) Cr.P.C. The averments in the complaint are as under:
Accused No.1 is the husband of the informant. Accused No.2 is mother and accused Nos.3 and 4 are the brothers of accused No.1. Accused No.5 is the wife of accused No.3 and accused No.6 is the wife of accused No.4. The marriage between the informant and accused No.1 took place on 18.05.2011 as per Christian rites and customs. At the time of marriage, the parents of the informant gave cash of Rs.3,00,000/- and gold ornaments worth Rs.50,000/- as dowry. After the marriage, all the accused are alleged to have demanded the informant to get additional dowry of Rs.50,000/-. When the parents of the informant expressed their inability to give additional dowry, the accused are alleged to have harassed the informant by beating her. On one occasion, accused No.1 tried to set the informant on fire. Basing on these allegations the above case came to be registered.
A perusal of the material placed before the Court would show that prior to lodging of the present complaint, accused No.1 filed M.C.No.167 of 2013 before the Principal Judge, Family Court, Hubli, under Section 22 of the Special Marriage Act for restitution of conjugal rights. A decree came to be passed in the said M.C. on 21.02.2014. It appears that after receiving summons in M.C.No.167 of 2013, the informant herein lodged a private complaint in the month of October, 2013, which came to be registered as Crime No.13 of 2014 on 07.02.2014. It is further brought to the notice of this Court that accused No.1 was arrested and released on bail.
Having regard to the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioners who are residing at different places on certain terms and conditions.
Accordingly, the Criminal Petition is allowed. The petitioners are directed to surrender themselves before the Station House Officer, Karampudi Police Station, Guntur District, 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, Karampudi Police Station, Guntur District.
//TRUE COPY// To ASSISTANT REGISTRAR For ASSISTANT REGISTRAR
1. The X Additional District and Sessions Judge, Gurazala, Guntur District
2. The I Additional Junior Civil Judge, Gurazala, Guntur District
3. The Station House Officer, Karampudi Police Station, Guntur District
4. Two CCs to Public Prosecutor, High Court of A.P., Hyderabad (OUT)
5. One CC to Sri G.V.S.Mehar Kumar, Advocate (OPUC)
6. one Spare Copy HIGH COURT AB DRAFTED ON 25-4-2014 CPKJ DATE: 25-4-2014 ORDER CRL.P. NO. 4428 OF 2014 DIRECTION