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High Court for State of TelanganaCRLP/35/2019dismissed

Errojonnala Shiva v. The State Of Telangana

2019-01-04Shameem Akther2 pages

THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER CRIMINAL PETITION No.35 OF 2019 ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.'), is filed by the petitioner/accused No.1 for grant of anticipatory bail in the event of his arrest in Crime No.613 of 2018 of Bachupally Police Station, Cyberabad, registered for the offences punishable under Sections 498A and 420 I.P.C. and Sections 3 and 4 of Dowry Prohibition Act.

2.

Heard learned counsel for the petitioner/accused No.1, learned Additional Public Prosecutor representing the respondent/State and perused the record.

3.

Learned counsel for the petitioner would submit that the petitioner has revealed his caste etc., to the de facto complainant before marriage. He did not suppress any thing about his personal life. All the allegations made in the F.I.R. are absolutely false and ultimately, prayed to allow the petition.

4.

The learned Additional Public Prosecutor opposed the grant of bail to the petitioner/accused No.1.

5.

The material placed on record reveals that the marriage between the petitioner/accused No.1 and the de facto complainant took place on 20.04.2017 and they lived together in Hyderabad. Both of them are employees. There are specific and grave allegations against the petitioner abusing and causing mental and physical torture to the de facto complainant. There are also

specific allegations of dowry demand and harassment. There are also allegations that when the demand of dowry was not met, the de facto complainant was threatened by the petitioner/accused No.1. There are also other grave allegations against the petitioner/accused No.1. The gravity of the offences is also high. Therefore, release of the petitioner under Section 438 Cr.P.C. would certainly hinder the investigation. Hence, it is not a fit case to grant bail to the petitioner/accused No.1 under Section 438 Cr.P.C.

6.

Accordingly, the Criminal Petition is dismissed. ___________________________ Dr. SHAMEEM AKTHER, J January 04, 2019.

MD