E. Amarnath, v. State Of Andhra Pradesh

HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.4536 of 2015 ORDER:

This is a petition seeking bail to the petitioners/A.1 to A.4 in the event of being arrested in Crime No. 6 of 2015 alleging offences punishable under Sections 498-A IPC and 313 read with 34 IPC of Puttaparthy Town Police Station, Anantapur District.

Heard both sides.

Perused the material on record.

The prosecution case, in brief, is as under:- A.1 is the husband; A.2 and A.3 are in-laws; and A.4 is the brother-in-law of the de facto complainant, who are the petitioners herein. The prime allegation against A.1, the husband of the de facto complainant, is that he forced the de facto complainant to abort twice and, when she was pregnant for the third time, A.1 kicked the de facto complainant on her stomach while the other accused advised to desert her and, suspecting that A.1 was taking to terminate her pregnancy, the de facto complainant consumed sleeping pills.

The contention of the learned Counsel appearing for the petitioners/A.1 to A.4 is that a false case has been foisted against them; that only with an intention to get divorce from A.1, the de facto complainant made complaint with false and frivolous allegations; and that they are apprehending arrest at the hands of the police under the influence of the complainant. Petitioners/A.1 to A.4 are said to be a permanent residents of Puttaparthy, Anantapur District. The record discloses that the investigation is in progress and the statements of the material witnesses have been recorded. Considering the above facts and circumstances, as there are serious allegations against the A.1, he is not entitled for grant of bail. In so far as petitioners 2 to 4/A.2 to A.4 are concerned, they are entitled to the bail as prayed for subject to certain conditions.

In the result, the petition is allowed and petitioners 2 to 4/A.2 to A.4 are directed to surrender themselves before the concerned Court within 15 days from today and furnish a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each with two sureties each for a like sum each to the satisfaction of the concerned Court and shall further undertake not to interfere with the investigation, shall not leave the country without the permission of the Court, shall cooperate with the investigating agency and appear before them as and when directed. In so far as the 1st petitioner/A.1 is concerned, the petition is dismissed.

_____________________ M.S.K. JAISWAL, J Date: 14.05.2015 Rds

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL

CRIMINAL PETITION No.4536 of 2015 Date:14.5.2015 Rds