J. Vijay Kumar v. The State Of Telangana

THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.1122 of 2020 ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by petitioner/A1, seeking to grant anticipatory bail to him in Cr.No.30 of 2020 on the file of Sanathnagar Police Station, Cyberabad District, registered for the offence under Section 498-A read with Section 34 IPC. 2.

Heard learned counsel for the petitioner/A1, learned Additional Public Prosecutor representing the respondent-State and perused the record.

3.

The case of the prosecution is that the marriage of de-facto complainant was performed in the year 2005 with petitioner/A1 and thereafter, due to harassment caused by A1 and his family members i.e., A2 to A4, she lost her pregnancy twice and she also lost one daughter. Thereafter, A1 admitted the de-facto complainant and her mother at Rajeshwari Old Age Home and sold her at SRT home and took money and that after few days, her mother died and occasionally, A1 used to visit old age home and harassed her mentally and physically and she came to know that A1 married another woman.

4.

Learned counsel for the petitioner/A1 submits that the petitioner/A1 has nothing to do with the alleged offences and with a view to harass him, the present complaint is filed falsely against him and his family members. He further submits that the age of de-facto

complainant is much more than the petitioner and there is no relationship between them. He further submits that there is no specific allegation about the date on which the petitioner/A1 harassed the de-facto complainant. He further submits that the petitioner/A1 is a law abiding citizen and he shall abide by any condition imposed by this Court.

5.

Learned Additional Public Prosecutor opposed the relief sought in the petition.

6.

As seen from the contents of the FIR, there are specific allegations against the petitioner/A1 that he admitted the de-facto complainant in Rajeshwari Old Age Home and occasionally, he used to visit her at old age home and harassed her mentally and physically, and recently, she came to know that the petitioner had performed another marriage. Thus, in view of the nature of allegations leveled against the petitioner/A1 and other facts and circumstances, I am not inclined to grant anticipatory bail to him and his prayer for anticipatory bail is refused. However, if the petitioner/A1 surrenders before the trial Court within 15 days from today and files an application for bail, the trial Court may consider the same in accordance with law.

7.

With the above directions, the Criminal Petition is dismissed. 8.

Miscellaneous applications, if any pending in this criminal petition, shall stand dismissed.

_____________ G. SRI DEVI, J 5th March, 2020 sj