Andhra Pradesh High Court - Amravati
Sugali Kishan Kumar, vs The State Of Andhra Pradesh on 1 February, 2021
[ 3240-1. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI AE : JON a MOE MONDAY, THE FIRST DAY OF FEBRUARY, (58 TWO THOUSAND AND TWENTY ONE ux 'PRESENT: YQ THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO: 254 OF 2021 Between: Sugali Kishan Kumar, S/o Adi Seshaiah, aged about 34 years, R/o Flat No.B-201, ond Floor, Fifth Avenue, Handewadi Road, Hadapsar, Pune. ' _..Petitioner/Accused No.1 AND The State of Andhra Pradesh, rep by the Public Prosecutor, High Court of Andhra Pradesh at Amaravathi ...Respondent Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the memorandum of grounds of Criminal Petition, the High Court may be pleased to enlarge the Petitioner herein on Anticipatory Bail in the event of her arrest in Crime No.11 of 2021 on the file of the Il Town Police Station, Ananthapur, Ananthapur. The petition coming on for hearing, upon perusing the Petition and memorandum of grounds of criminal petition and upon hearing the arguments of Sri P.Durga Prasad, Advocate for the Petitioner and Public Prosecutor for the Respondent, the Court made the following. ORDER:
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO. 254 OF 2021 ORDER:-
This petition is filed under Section 438 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") seeking pre-arrest bail to the petitioner/Al in the event of his arrest in connection with Crime No.11 of 2021 of Ananthapur II Town Police Station, Ananthapur registered for the offences punishable under Sections 498-A, 354, 323 and 506 read with 34 of the Indian Penal Code, 1860 and Sections 3 and 4 of the Dowry Prohibition Act, 1961.
2. The case of prosecution is that the complainant gave report on 07.01.2021 at 11:00 A.M wherein she alleged that her marriage with the petitioner was solemnized on 23.02.2018 and out of their wedlock they are blessed with one son. Prior to their marriage the petitioner's marriage was performed with another lady but the Same was dissolved. At the time of the marriage the complainant's parents gave dowry. After the marriage the petitioner and his family members harassed the complainant asking her to get additional dowry of Rs.5,00,000/-. She also tried to commit suicide due to unbearable harassment. On coming to know about the said fact, the complainant's sister and brother-in-law came to their house on 07.01.2021 at around 7:00 A.M. to take her along with them. But the petitioner and his family members asked her not to return without Rs.5,00,000/- and they also threatened to do away with her life. When the complainant's sister and brother- in-law tried to pacify the issue they were also assaulted and they also sustained injuries. Basing on the said complaint the present crime is registered.
3. Heard Sri P.Durga Prasad, learned counsel for the petitioner and the learned Public Prosecutor for the respondent-State.
4. Learned counsel for the petitioner submits that the sister and brother-in-law of the complainant came to the house of the petitioner and they indiscriminately beat the petitioner's mother and sister, as such the petitioner's mother lodged complaint in the same Police Station on 07.01.2021 at about 7:45 A.M. As a counter blast to the said complaint the present complaint is lodged at 11:00 A.M. Though the petitioner's mother has given the complaint first, the Police have numbered the subsequent complaint first as crime No.11 of 2021 and the complaint given by the petitioner's mother is numbered as 12 of 2021.
2. Learned counsel for the petitioner submits that the petitioner has never committed any offence as alleged in the complaint. Further in the entire complaint there are no specific overt acts. He further submits that petitioner and the complainant are residing separately. The petitioner has been falsely implicated in the crime. Hence, his request for pre-arrest bail may be considered.
6. Learned Public Prosecutor submits that investigation is in progress and he opposes the bail application.
7. Taking into consideration that Crime Nos.11 of 2021 and 12 of 2021 are case and counter case and the averments where there are no specific overt acts attributed against the petitioner this Court deems it appropriate to grant bail to the petitioner.
8. Accordingly, this Criminal Petition is allowed. The petitioner/A1 shall be released on bail in the event of his arrest in connection with Crime No.11 of 2021 of Ananthapur II Town Police To, PwON> MM Station, Ananthapur on condition of executing self bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for a likesum each to the satisfaction of the Station House Officer, Ananthapur II Town Police Station, Ananthapur.
Consequently, miscellaneous applications pending, if any, shall stand closed.
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- A FEB 2021 a anh ot te Lanod HOIH