Nasar Ullah Khan , Irfan v. The State Of Telangana

HON'BLE SRI JUSTICE A. SHANKAR NARAYANA CRIMINAL PETITION No.3982 OF 2017 ORDER:

The present petition is filed under Section 438 of the Code of Criminal Procedure, 1973, by the petitioner for grant of anticipatory bail in the event of his arrest in Crime No.229 of 2016 of Falaknama Police Station, Hyderabad city.

2.

The petitioner is arraigned as accused No.1 and he alleged to have committed the offences punishable under Section 498-A IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961. 3.

Heard Sri D. Purna Chandra Reddy, learned counsel for the petitioner and learned Additional Public Prosecutor for the State of Telangana.

4.

Learned counsel for the petitioner would submit that there are no sustainable allegations against the petitioner in the direction of constituting acts of cruelty, and therefore, to enlarge the petitioner on bail. It is also his submission that the other three accused, who are arraigned as accused Nos.2 to 4, were granted anticipatory bail with certain conditions and he has drawn the attention to the copy of the anticipatory bail granted to them in Crl.M.P.No.1163 of 2016 on 07.05.2016 by the V-Additional Metropolitan Sessions Judge (Mahila Court), Hyderabad.

5.

Learned Additional Public Prosecutor would resist the request of the petitioner on the ground that there are allegations constituting

cruelty meted out to the de facto complainant and the investigation is not completed, and therefore, requests to dismiss the present petition. 6.

Perused the case diary. As could be seen from the complaint allegations, it is clear that the petitioner, who is the husband of the de facto complainant, not only misbehaved with her, but started using filthy language and thus subjected her to ill-treatment. It is no doubt true, the other accused, being the mother-in-law and bothers-in-law, were granted anticipatory bail, but, that cannot be a ground to treat the petitioner on the same lines. However, directing the petitioner to surrender before the learned Magistrate and apply for regular bail and in case, the petitioner makes an application for regular bail, the learned Magistrate shall dispose of the same on the same day, in accordance with law, the present request is refused. 7.

With the above direction, the criminal petition is dismissed. 8.

As a sequel thereto, Miscellaneous Petitions, if any, pending in the Criminal Petition stand closed.

___________________________ A. SHANKAR NARAYANA, J 13th July 2017 mar