Mogudala Venkatamma And Another v. State Of Telangana
HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION No.229 of 2022 O R D E R:
This Criminal Petition under Section 438 Cr.P.C. is filed by petitioners - Accused No.4 and 6 seeking pre-arrest bail in connection with Crime No.202 of 2021 of Chandur Police Station, Nalgonda District, registered for the offences punishable under Sections 304-B of IPC and Section 4 of Dowry Prohibition Act, 1961. 2.
A report was lodged by father of deceased stating that marriage of deceased and A-1 was performed on 15.02.2015 by giving an amount of Rs.10 lakhs, motorbike, 61⁄2 tulas of gold, 45 tulas of Silver ornaments. Out of the wedlock, they were blessed with a son and a daughter. Subsequently, husband of deceased, her in-laws along with other accused and petitioners harassed the deceased for additional dowry of Rs.3 lakhs. Unable to bear the harassment, the deceased committed suicide by hanging herself on 18.11.2021. Basing on the said report, the present crime was registered. Petitioners herein were arrayed as A-4 and A-6. 3.
Heard Sri A.Ravinder Reddy, learned senior counsel representing Sri Ch.Venkateswara Reddy, learned counsel for petitioners and learned Assistant Public Prosecutor appearing on behalf of respondent-State.
4.
Learned senior counsel for petitioners submits that petitioners are arrayed as A-4 and A-6 and they are alleged to have been committed the offences under Sections 304-B of IPC and Section 4 of Dowry Prohibition Act, 1961. He submits that petitioners are sister and husband of another sister of A-1 and bald allegations are made in the complaint that petitioners along with other accused have
harassed the deceased and unable to bear their harassment, she committed suicide. He submits that petitioners have nothing to do with the alleged incident and they are residing in different villages and they are living their own life and they are unconnected with the family affairs of deceased. He submits that petitioner being the family members of A-1, they were falsely implicated in this case, as such their case may be considered for grant of pre-arrest bail. 5.
Per contra, learned Assistant Public Prosecutor submits that so far seven witnesses were examined and as there are allegations against the petitioners, they are not entitled for pre-arrest bail. However, he submits that A-1 was already granted pre-arrest bail and A-2 and A-3 were granted regular bail by the Sessions Court. 6.
Taking into consideration the allegations in the complaint, where there are no specific overt acts against the petitioners, further petitioners are residents of different villages and living independent lives, this Court deems it appropriate to grant pre-arrest bail to the petitioners.
7.
In the result, criminal petition is allowed and the petitioners / A-4 and A-6 shall be enlarged on bail in the event of their arrest in connection with Crime No.202 of 2021 of Chandur Police Station, Nalgonda District on their executing each a bond for a sum of Rs.20,000/- (Rupees twenty thousand only) with two sureties each for a like sum to the satisfaction of Station House Officer, Chandur Police Station, Nalgonda District.
___________________________ LALITHA KANNEGANTI, J 19th January, 2022 PVD
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION No.229 of 2022 19.01.2022 PVD