Andhra Pradesh High Court - Amravati
Chatrathi Bhaskar vs The State Of Andhra Pradesh on 29 September, 2021
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
CRIMINAL PETITION No.5322 of 2021
ORDER:
This petition is filed under Section 438 of Criminal Procedure Code, 1973 (for short „Cr.P.C.‟) seeking pre-arrest bail to the petitioner/A-1 in the event of his arrest in connection with Crime No.332 of 2021 of Sarpavaram Police Station, East Godavari District, wherein the petitioner is alleged to have committed the offences punishable under Sections 498-A, 313 r/w 34 of the Indian Penal Code, 1860 (for short "IPC") and Section 3 & 4 of Dowry Prohibition Act.
2. A report was lodged by the defacto complainant stating that her marriage was performed with petitioner on 17.08.2017. At the time of marriage, her parents gave Rs.6,00,000/- towards marriage expenses and 15 sovereigns of gold to her and 2 sovereigns of gold to petitioner. After the marriage, the petitioner used to harass her physically and mentally demanding additional dowry at the instigation of his mother and grandmother. Then her parents gave Rs.2,00,000/- to the petitioner. Thereafter she became pregnant and delivered a female child on 22.10.2018. Later, her husband got job at Bangalore and they shifted there. Again when she became pregnant, her mother-in-law sent abortion medicine through one Remo who is friend of the petitioner and got the same swallowed by her forcibly and caused miscarriage without her consent. Thereafter again when she became pregnant in October, 2020, she went to Kakinada, where her husband again brought abortion medicine through said Remo and made her to swallow the 2 medicine forcibly and caused miscarriage. Basing on the said complaint, the above crime was registered.
3. Heard Ms.M.Vinodin Ruth, learned counsel for petitioner and learned Assistant Public Prosecutor for respondent-State.
4. Looking at the allegations in the complaint, where there are specific overt acts are attributed against the petitioner herein that he caused miscarriage to his wife without her consent, this Court is not inclined to grant pre-arrest bail. However, learned counsel for the petitioner submits that the petitioner will surrender before the concerned Court and will move an appropriate application seeking bail. If such an application is filed by the petitioner, the same shall be considered in accordance with law.
5. Accordingly, this Criminal Petition is disposed of.
As a sequel, all the pending miscellaneous applications are closed.
___________________________ LALITHA KANNEGANTI, J 29th September, 2021 PVD 3 THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI Disposed of CRIMINAL PETITION No.5322 of 2021 29th September, 2021 PVD