P. Vishnu Nair v. The State Of Telangana

Between:

P. Vishnu Nair, S/o.P.K.Vasu Nair, Aged about 29 years, Occ: Pvt. Employee, R/o.H.No.202, Razack Enclave, Block C, 220 P & T Colony, Sun City, Hydershakote, Hyderabad .. Petitioner/Accused And The State of Telangana, rep., by its Public Prosecutor, High Court of Telangana, Hyderabad .. Respondent/complainant This Court made the following:

ORDER:

This Criminal Petition is filed by the petitioner/Accused under Section 438 of Criminal Procedure Code seeking to grant anticipatory bail in Crime No.301 of 2019 of Police Station Rajendranagar, registered for the offences punishable under Sections 498-A of I.P.C. and Sections 3 and 4 of Dowry Prohibition Act.

2.

Heard learned counsel for the petitioner and learned Public Prosecutor for the respondent-State and perused the material on record.

3.

The complainant alleged that petitioner and other accused, who are related to her, started harassing her both physically and mentally, ill treated and demanded additional dowry from her parents.

4.

Petitioner/accused apprehends his arrest as earlier Crl.M.P.No.2143 of 2019 was rejected by the V Additional Metropolitan Sessions Judge, who is in-charge of IV Additional Metropolitan Sessions Judge, Ranga Reddy District. 5.

In view of the decision of the Supreme Court in Arnesh Kumar v. State of Bihar1 on the issue of procedure to be followed whenever a complaint is filed under Section 498-A I.P.C., it cannot be said that the police will not follow the procedure prescribed under Section 41-A Cr.P.C. and the directions issued by the Supreme Court. However, to make the issue very clear, the 1 2014 (2) ALT (Crl.) 457 SC

respondent - Police is directed to strictly follow the guidelines prescribed by the Supreme Court in Arnesh Kumar in the process of investigation into Crime No.301 of 2019 on the file of Police Station Rajendranagar.

6.

The Criminal Petition is accordingly disposed of. ___________________ P.NAVEEN RAO, J KH

KH