Md. Jalaluddin Anwar v. State Of T.S.

HON'BLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.4689 of 2019 O R D E R :

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973 is filed by the petitioner, who is Accused, for grant of anticipatory bail in the event of his arrest in Crime No.136 of 2019 of Adilabad II Town Police Station, Adilabad District, registered for the offences punishable under Sections 306 and 506 of IPC. The case of the prosecution is that on 27.07.2019 the defacto complainant has lodged a complaint stating that his uncle's son's marriage was fixed with the daughter of the petitioner and due to the family disputes, the petitioner lodged a complaint against him and his family members and sent them to jail, due to which his father having disgusted over his life, consumed poison and died and that the petitioner is threatening them with dire consequences. Basing on the said complaint, Crime No.

136 of 2019 was registered for the aforesaid offences against the petitioner/Accused. Heard learned counsel for the petitioner/Accused and the learned Additional Public Prosecutor appearing for the respondent State. Perused the material on record. Learned counsel for the petitioner contends that the petitioner is no way concerned with the alleged offences and the police have falsely implicated him without any basis.

also contended that the petitioner never abetted the deceased to commit suicide and that the deceased was an accused in Crime No.147 of 2019 registered by the police basing on the complaint lodged by the petitioner regarding demand of additional dowry and as a counter-blast to the said case, the present crime has been lodged by the complainant against the petitioner. It is also contended that the petitioner is ready to abide by any conditions imposed by this Court, including assisting the investigating agency for his release on anticipatory bail in the event of his arrest in the above crime. On the other hand, the learned Additional Public Prosecutor opposed the relief sought in the above petition and submits that there are specific allegations against the petitioner that he has falsely implicated the defacto complainant and his family members in a false case, due to which the father of the complainant committed suicide. In view of the specific nature of allegations levelled against the petitioner, I am not inclined to grant anticipatory bail to the petitioner/Accused.

However, if the petitioner/Accused surrenders before the Court below concerned and moves an application for regular bail, after giving prior notice to the Public Prosecutor concerned, the said application may be considered in accordance with law. With the above observations, this Criminal Petition is dismissed.

As a sequel, miscellaneous petitions pending, if any, shall stand closed.

________________________ JUSTICE G. SRI DEVI 13.08.2019.

Msr

HON'BLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.4689 of 2019 13.08.2019 Msr