Andhra Pradesh High Court - Amravati
Gudimetla Lakshmi Kumari, vs The State Of Andhra Pradesh on 25 August, 2021
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
CRIMINAL PETITION NO.4688 of 2021
ORDER:-
This petition is filed under Section 438 of Code of the Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking pre arrest bail to the petitioner/A-2 in the event of her arrest in connection with Crime No.50 of 2019 of Mogalthur Police Station, West Godavari District for the offences punishable under Sections 498-A, 302, 201 r/w 34 of the Indian Penal Code, 1860 (for short 'IPC') and Sections 3 and 4 of Dowry Prohibition Act.
2. The complainant lodged a complaint on 19.02.2019 alleging that his son-in-law used to harass his daughter (deceased No.1) for additional dowry and threatened to kill her and her daughters; and on 18.02.2019, he killed his daughter and grand daughters by throttling their necks. Based on which, the above crime was registered and police conducted investigation.
3. Heard Sri Sai Gangadhar Chamarthy, learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State.
4. Learned counsel for petitioner submits that accused No.1 was already released on regular bail and accused Nos.3 and 5 were arrested on 31.07.2021 and it is submitted that earlier this Court directed this petitioner to surrender before X Additional District and Sessions Judge, West Godavari District at Narsapur, but in the order it is reflected as II Additional Judicial Magistrate of First Class, Narsapur. Hence they could not surrender before the Court below. Learned counsel for the petitioner submits that the accused will 2 surrender before the Court and move appropriate application seeking bail.
5. In view of the above submission, the petitioner /A2 is at liberty to surrender before the X Additional District and Sessions Judge, West Godavari District at Narsapur and obtain regular bail. On the filing of such application, the X Additional District and Sessions Judge, West Godavari District at Narsapur shall consider and dispose of the same on the same day, in accordance with law.
6. Accordingly, this Criminal Petition is disposed of.
Consequently, miscellaneous applications pending, if any, shall stand closed.
___________________________ LALITHA KANNEGANTI, J Date: 25.08.2021 sj 3 52 THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION No. 4688 of 2021 Date: 25.08.2021 sj