Telangana High Court
Kunchi Praveen Kumar vs The State Of A.P on 31 July, 2018
HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO
Criminal Petition No.7122 OF 2018
ORDER:
The petitioner is accused in Crime No.130 of 2017 on the file of the Station House Officer, Bapatla Town Police Station, Guntur. The crime is registered on 23.05.2018 for the offences punishable under Section 498-A r/w 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act.
2. The de facto complainant is no other than the wife of petitioner- accused. The petitioner is working as Computer Programmer. As per the report of de facto complainant supra, there are acts of cruelty with demand for dowry. The contentions in the bail application are that it is a false report given against the petitioner-accused by his wife and he is working at USA if he is arrested, he will have to lose his job and he is ready and willing to furnish sufficient security.
3. Heard the learned counsel for petitioner and the learned Public Prosecutor and perused the material on record.
4. The learned Public Prosecutor opposed the bail application saying the petitioner not even landed down in India cannot seek anticipatory bail.
5. Having regard to the above, to subserve the ends of justice, this Criminal Petition is disposed of with a direction to the police not to arrest the petitioner upto 31.08.2018 from today, so that in the Dr. SSRB,J Crl. P.No.7108 of 2018 2 meantime he shall come down and move for regular bail before the learned Magistrate concerned by surrender with assurance of availability for future in said crime. It is needless to say he can ask not only protection under Section 41-A Cr.P.C. as laid down by the Apex Court in Arnesh Kumar v. State of Bihar1 and referring the matter for conciliation as per the guidelines in the expression of Apex Court in Rajesh Sharma v. State of U.P.2.
____________________________ Dr. B. SIVA SANKARA RAO, J 31.07.2018 B/o.
Vvr.
1 (2014) 8 SCC 273 2 2017 (2) ALT (Crl.) 393 (SC)