Andhra Pradesh High Court - Amravati
Noonsavath Sravan Naik, vs The State Of Andhra Pradesh, on 26 July, 2021
[3240]
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI op
MONDAY, THE TWENTY SIXTH DAY OF JULY,
TWO THOUSAND AND TWENTY ONE
' :PRESENT: :
THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI
CRIMINAL PETITION NO: 3800 OF 2021
Between:
Noonsavath Sravan Naik, 8/o. Shankar Naik, Age. 32 years, Occ. PG Student (MBBS),
N/o. D.No.26-603-B-14-2, V.C.Colony, Nandyal Town, Kurnool District. Now R/at
H.No.D1, LIC Quarters, Backside of LIC Divisional Office, Raychur, Karnataka State.
(A.1).
Petitioner/Accused No.1
AND
The State of Andhra Pradesh, rep. by its Public Prosecutor, High Court of Andhra
Pradesh, At Amaravati.
Respondent/Complainant
Petition under Sections 437 & 439 of Cr.P.C, praying that in the circumstances
stated in the memo of grounds filed herein, the High Court may be pleased to enlarge
the petitioner on bail in Cr.No.214/2021 of the | Town Police Station, Proddatur.
The petition coming on for hearing, upon perusing the Petition and memo of
grounds filed herein and upon hearing the arguments of Sri Chetluru Sreenivas,
Advocate for the Petitioner, and of Public Prosecutor for Respondent, the Court made
the following
ORDER
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO.3800 of 2021 . ORDER:-
This petition is filed under Sections 437 and 439 of Code of the Criminal Procedure, 1973 (for short 'Cr.P.C.'} seeking regular bail to the petitioner/A-1 in connection with Crime No.214 of 2021 of I Town Police Station, Proddatur, Kadapa District for the offence punishable under Sections 498-A, 304-B r/w 34 of the Indian Penal Code, 1860 (for short TPC).
2, A complaint was lodged on 03.06.2021 by the de facto complainant who is father of the deceased stating that the marriage of the deceased with A-1 took place in the year 2017 and blessed with a baby girl. As A-1 got PG Medical seat at BARC, Mumbai, they migrated to Mumbai. Since then A-1 along with A-2 and A-3 started subjecting the deceased both physically and mentally demanding Rs.50.00 lakhs as additional dowry. As the deceased failed to fulfill the evil desires of the accused, they increased their cruel attitude towards her. The deceased unable to bear the torture, attempted to commit suicide by taking sleeping pills. On came to know about the incident, the younger brother of the deceased went to Mumbai, brought her to Proddatur along with her baby. Later A-1 came to Proddatur on 01.06.2021, continued his cruel attitude towards her till the morning of 03.06.2021. After A-1 went out, the deceased went into their bathroom, committed suicide by hanging with her chunni and died. Basing on the said complaint, the present crime was registered, arrested the petitioner and sent him to judicial custody 06.06.2021,
3. Heard Sri Chetluru. Sreenivas, learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State.
4. Learned counsel for petitioner submits that during first week of February, the deceased returned back to her parents house.and after returning to her parents house, she got aborted, then the petitioner came to know about the said fact subsequently and when the petitioner questioned the same, the deceased and her parents grew wild against him and abused him. Having no other go, the petitioner left the house and after that, he made efforts to reconcile the matter through elders. On 03.06.2021 at about 8.00 PM he received information that his wife attempted suicide and rushed to the house of the de facto complainant. He submits that the petitioner is a Doctor and has not committed any offence or not involved in any other criminal activity. He further submits that the petitioner has been languishing in jail from the last 50 days. Hence, his case may be considered for grant of bail.
5. Learned Assistant Public Prosecutor on the other hand submits that investigation is in progress and so far ten witnesses were examined. At this stage, petitioner is not entitled for grant of bail.
6. Taking into consideration the fact that petitioner is languishing in jail from the last 50 days and even the petitioner is enlarged on bail, the prosecution cannot have any apprehension that the ' A petitioner may hamper the investigation or influence the witnesses this Court deems it appropriate to grant bail to the petitioner.
7. Accordingly, this Criminal Petition is allowed. The petitioner/ _ A-l shall be enlarged on bail in Crime No.214 of 2021 of 1 Town Police Station, Proddatur, Kadapa District on execution of his self bonds for Rs.20,000/- (Rupees twenty thousand only} with two sureties for a like sum each to the satisfaction of the Court of the I Additional Judicial Magistrate of First Class, Proddatur.
Consequently, miscellaneous applications pending, if any, shall stand closed.
an Sd/-¥.Madhavi ASSIS oTAN RE GISTR TRUE COPY! SECTION OFF ICER- Kadapa TO The | Addi. Judicial Magistrate of First Class, Proddatur, Kadapa, YSR p The Superintendent, Central Jail, Kadapa, YSR Kadapa District wh ati.
4 Kade nC Prosecutor, High Court of Andhra Pradesh, At Amarav eC to Sri. Chetluru Sreenivas, Advocate [OPUC] One spare copy Or OF Skm YSR The Station House Officer, | Town Police Station, Proddatur, Kadapa, / HIGH COURT LK,J DATED:26/07/2021 ORDER CRLP.No.3800 of 2021 CRLP IS ALLOWED