Andhra Pradesh High Court - Amravati
Shaik Akil Ahammad vs The State on 22 January, 2024
THE HON'BLE SRI JUSTICE T.MALLIKARJUNA RAO
CRIMINAL PETITION No.10046 OF 2023
ORDER:-
This Criminal Petition under Section 438 of Cr.P.C., is filed seeking to enlarge the petitioners/A1 to A3 on anticipatory bail in Crime No.62/2023 of N.P.Kunta Police Station, Sri Satya Sai District, registered for the offence punishable under Sections 498(A) and 306 read with 511 IPC.
2. Heard learned counsel for the petitioners and the learned Assistant Public Prosecutor for the State.
3. Learned counsel for the petitioners contended that the crime is registered against the petitioners for the offence under Section 498(A) and 306 read with 511 IPC and Section 3 and 4 of Dowry Prohibition Act. It is the contention that Section 306 read with 511 IPC does not apply to the facts of the case as the victim is survived. The said factual position is not disputed by the learned Assistant Public Prosecutor.
4. In support of his contention that section 306 read with 511 IPC has no application to the facts of the case, learned counsel for the petitioner relied on a decision of the High Court of Andhra Pradesh reported in between T.Rangaiah vs. The State of Andhra Pradesh1 dated 29.7.2021 wherein this Court has recited that:
"Learned Additional Public Prosecutor fairly concedes that the girl, who has attempted to commit suicide, is very much alive. In that view of the matter, no offence under Section 306 IPC is 1 Criminal Petition No.4239 of 2021 2 made out from the facts of the case. If the said offence 306 IPC is eliminated from consideration, the other offences registered against the petitioners are all punishable with less than seven years period of imprisonment."
Learned counsel for the petitioners has confined his request only to order notice under Section 41-A Cr.P.C. by following the judgment in Arnesh Kumar vs. State of Bihar of the Hon'ble Supreme Court of India, stating that the aforesaid offences registered against the petitioner are punishable with less than seven years period of imprisonment as the offence under Section 306 read with 511 IPC does not apply to the facts of the case as the victim is survived.
5. Considering the submissions that Section 306 IPC is eliminated against the petitioners and the remaining offences are punishable with less than seven years of imprisonment, therefore, in view of the same, this Criminal Petition is disposed of, with a direction to the Investigating Officer to follow the procedure contemplated under Section 41-A Cr.P.C, scrupulously.
Miscellaneous petitions, if any pending, in the Criminal Petition, shall stand closed.
_________________________ JUSTICE T.MALLIKARJUNA RAO Date: 22.01.2024 RD 3 THE HON'BLE SRI JUSTICE T.MALLIKARJUNA RAO CRIMINAL PETITION No.10046 OF 2023 Dated 22.01.2024 RD