Dharavath Chandra Kala v. The State Of Telangana

HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CRL.P.No.4819 OF 2018 ORDER:

This criminal petition is filed under Section 438 of Cr.P.C to enlarge the petitioners/A4 and A5 on bail in the event of their arrest in connection with Crime No.2 of 2018 of Khanapur Police Station, Warangal District, registered for the offences punishable under Sections 498-A and 306 read with 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act.

The case of the prosecution in brief is that the marriage of Bhukya Manjula was performed with Bhukya Ravindra Naik, who was working as Boys Hostel Warden, in the year 2005 and they lived together for a period of five years and blessed with two sons and thereafter, accused harassed the deceased for her failure to meet the illegal demand for additional dowry. While Ravindra Naik was working at Parigi a telephone call was made to bring back her two children from Parigi to Khanapur, Warangal District. In the presence of elders A1 made demand for payment of additional dowry, with a threat not to take back her. Therefore, she lodged complaint with Khanapur Police and after counselling, the deceased and children were sent back to the petitioner/husband, but the petitioner refused to take back them.

Thereafter, a case was registered against the petitioner while the deceased was living with her in-laws at Dharmaraopet Village. During stay of the deceased with her in-laws, her in-laws started harassing for payment of additional dowry, both physically and mentally and the same was informed by the deceased to the complainant. On 08.01.

about 09.30 hours Yerrabelli Mohan Rao, Ex.Sarpanch informed to the complaint about the suicidal death of her daughter. It is the case of the petitioners that they are not having knowledge about the abetment to commit suicide, payment of additional dowry and alleged harassment since they are residents of different place i.e. Otai of Kothagudem Mandal, Khammam District. At this stage, it is difficult to accept that the petitioners not subjected the deceased to cruelty for her failure to meet the illegal demand of additional dowry and the investigation is at foetus stage. Therefore, I find no grounds to grant pre-arrest bail to the petitioners.

In the result, the criminal petition is dismissed. However, liberty is given to the petitioners to renew their request at appropriate time.

Pending miscellaneous petitions in the petition, if any, shall stand closed.

__________________________________ M.SATYANARAYANA MURTHY,J 01.05.2018 kvrm