Andhra Pradesh High Court - Amravati
Noonsavath Devakabai vs State Of Andhra Pradesh on 26 July, 2021
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY ,THE TWENTY SIXTH DAY OF JULY, TWO THOUSAND AND TWENTY ONE :PRESENT: THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO: 3968 OF 2024 Between: Noonsavath Devakabai, W/o. N. Sankar Naik, Age. 53 years, Occ. Housewife, R/o H.No-D1, LIC Quarters, Rayachur Town and District, Karnataka State. Permanent R/o H.No.26/603-B-14-2, V C Colony, Nandyal, Kurnool District Petitioner/Accused No.3 AND State of Andhra Pradesh, rep by Public Prosecutor, High Court of AP, High Court Buildings, Amaravati through Station House Officer, Proddatur, | Town PS, Prodattor, Kadapa District. 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 connection with FIR No. 214/2021 registered U/s 498-A, 304-B and Réw 34 IPC on the file of the Proddatur { Town Police Station, Kadapa District. The petition coming on for hearing, upon perusing the Petition and memo of grounds filed herein, and upon hearing the arguments of Sri P V V Satyanarayana, Advocate for the Petitioner, and of Pubss Prosecutor for Respondent, the Court made the following ORDER
aay THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO.3968 of 2021 ORDER:-
This petition is filed under Sections 437 and 439 of Cade of the Criminal Procedure, 1973 (for short 'Cr.P.C.'} seeking regular bail to the petitioner/A-3 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 #o 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, and the petitioner who is mother of A-1 is arrayed as A-3, } no oxen bho The police arrested the petitioner on 07.06.2021 and sent her to judicial custody on the same day.
3. Heard Sri PVV Satyanarayana, learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State.
4. Learned counsel for petitioner submits that the petitioner is mother of A-1 and she has nothing to do with any of the allegations and she is residing at Nandyal Town and she is unconnected with the affairs of A-1 and the deceased. He further submits that she is aged about 53 years and she is in jail from the last 50 days. Hence, her 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 Rave any apprehension that the 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-3 shall be enlarged on bail in Crime No.214 of 2021 of I Town Police Station, Proddatur, Kadapa District on execution of his self bonds for Rs.20,000/- (Rupees twenty thousand only) with two ee"
ty To, sureties i for a like sum each to the Satisfaction of the Court of the I Additional Judicial Magistrate of Sst Class Proddatur Con sequently, miscellaneous applications pending, if any, shall stand closed.
"a Sd/-K.TataRao ~ ASSISTANT REGISTRAR [TRUE COPY! oh ; SECTION OFFICER The | Addl. Judicial First Class Magistrate, Proddatur, YSR Kadapa District The Superintendent, Central Jail, YSR Kadapa District
3. The Station House Officer, Proddatur | Town Police Station, Kadapa, YSR oo b Skm Kadapa District.
Two CCs to Public Prosecutor, High Court of A.P., at Amaravati (OUT) é One CC to Sri. P V V Satyanarayana Advocate [OPUC] One spare copy HIGH COURT LK,J DATED:26/07/2021 ORDER CRLP.No.3968 of 2021 CRLP IS ALLOWED