Andhra Pradesh High Court - Amravati
Gollapothu Lakshmi Narayana vs The State Of Ap on 4 December, 2020
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATL, FRIDAY, THE FOURTH DAY OF DECEMBER i TWO THOUSAND AND TWENTY / :PRESENT: ee THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI a CRIMINAL PETITION NO: 5496 OF 2020 _ Between: 1. Gollapothu Lakshmi Narayana, S/o. Gollapothu Venkata Sivaiah, Aged about 54 years, R/o D.No.2/274, Pallepalem Pedaganjam Village, Chinaganjam Mandal, Prakasam District. 2. Gollapothi Jamgela, W/o.Lakshmi Narayana, S/o. Gollapothu Venkata Sivaiah, Aged about 46 years, R/o. D.No.2/274, Pallepalem Pedaganjam village, Chinaganjam Mandal, Prakasam District. ...Petitioner/Accused No.2 & 3 AND The State of AP, rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravaiti. ...Respondent/Complainant Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the memorandum grounds filed in Criminal Petition, the High Court may be pleased to direct the Station House Officer, Chinaganjam Police Station, Prakasham- District to release the petitioners/Accused Nod awved=4 on bail in the event of their arrest in connection with Crime No.146/2019 of Chinaganjam Police Station, Prakasham District. The petition coming on for hearing, upon perusing the Petition and the memorandum of grounds filed in support thereof and upon hearing, the arguments of Sri Ramakrishna Akurathi, Advocate for the Petitioners and of Public Prosecutor for the Respondent and the Court made the following. ORDER:
THE HON'BLE SMT JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION No.5496 OF 2020 ORDER:-
This petition is filed under Section 438 of Code of the Criminal Procedure, 1973 (for short 'Cr.P.C.') to grant pre-arrest bail to the petitioners/A-2 and A-3 in the event of their arrest in connection with Crime No.146 of 2019 of Chinaganjam Police Station, Prakasam District, for the offences punishable under Sections 498-A, 304-B IPC and under Sections 3 and 4 of the Dowry Prohibition Act.
2. Heard Sri Rama Krishna Akurathi, learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondent-State.
3. The case of prosecution is that a complaint was lodged by the brother of the deceased stating that the marriage between the deceased and A-1 was performed on 07.02.2019 as per Hindu customs. At the time of marriage, they have given 8 lakhs as dowry besides other formalities. For some time, A-1 and the deceased lead a happy marital life. Thereafter, A-1 shifted his residence to Sangam Jagarlamudi in view of his employment. The deceased was not happy with the same as she is not interested to stay at Sangam Jagarlamudi. The same is informed to the de facto complainant. It is stated in the complaint that after the deceased became pregnant, she was heckled by the petitioners stating that she is black in complexion. A-3 told the deceased that there are good alliances for her son where they will get much dowry which was supported by A-1 and A-2. When the deceased was at the house of de facto complainant, A-3 asked the deceased to come home or else they will perform second marriage to their son, due to which the de facto complainant dropped back the deceased. On 12.11.2019, the de facto complainant received a phone call that his sister committed suicide by hanging. Based on his report, the present case is registered.
4. Learned counsel for the petitioners would submit that the crime was registered on 12.11.2019 and A-1 was arrested in connection with the crime on 16.11.2020. He submits that the petitioners are always cooperating with enquiry. There are no specific overt acts attributed to the petitioners except stating that they have heckled the deceased that she is black in complexion. |
5. Learned Additional Public Prosecutor submits that major part of the investigation is completed and charge sheet is yet to be filed.
6. Taking into consideration of the fact that entire investigation is completed and as A-1 is already arrested and the petitioners are father and mother of A-1, this Court deems it appropriate to grant pre-arrest bail to the petitioners.
7. Accordingly, this Criminal Petition is allowed. In the event of arrest of the petitioners in connection with Crime No.146 of 2019 of Chinaganjam Police Station, Prakasham District, the petitioners/A-2 and A-3 shall be released forthwith on bail on execution of self bond for Rs.20,000/- (Rupees twenty thousand only) each with two sureties for a like sum each to the satisfaction of the Station House Officer of Chinaganjam Police Station.
Consequently, miscellaneous applications pending, if any shall stand closed.
Sq/-K. TATARAO. ] ASSISTANT REGIST Ro IITRUE COPY!/ For ASSISTANT GISTRAR To,
4. The Station House Officer, Chinaganjam Police Station, Prakasam District.
2. One CC to Sri. Ramakrishna Akurathi, Advocate [OPUC]
3. Two CCs to Public Prosecutor, High Court of AP [OUT]
4. One spare copy.
HIGH COURT LK,J DATED:04/12/2020 ORDER CRLP.No.5496 of 2020 DIRECTION