S.Arvind v. State Of Telangana.

THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.6255 of 2019 ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by petitioner/A1, seeking to grant anticipatory bail in Cr.No.396 of 2019 on the file of Nacharam Police Station, Rachakonda District, registered for the offences under Sections 498-A, 307 read with Section 109 IPC and under Sections 3 and 4 of Dowry Prohibition Act.

2.

Heard learned counsel for the petitioner/A1, learned Additional Public Prosecutor representing the respondent-State and perused the record.

3.

It is alleged in the complaint that the petitioner/A1, at the instigation of A2 to A4, used to harass the de-facto complainant physically and mentally by demanding additional dowry of Rs.10 lakhs and that on 04.08.2019 at about 14.00 hours, petitioner/A1, at the abetment of A2 to A4 through phone, tried to kill her by holding her throat and hair and hitting her to the wall, due to which she fell unconscious, and later, her owner shifted her to the hospital.

4.

Learned counsel for the petitioner/A1 submits that the petitioner is innocent of the alleged offences and he has nothing to do with the alleged offences and has been falsely implicated in the case in order to harass him and his family members with a mala fide intention and to extract huge money. He further submits that the de-

facto complainant is not cooperating with the petitioner to lead proper conjugal life and that the petitioner never demanded additional dowry as alleged by her. He further submits that there were matrimonial disputes between the petitioner and the de-facto complainant as she used to involve her parents and that her father, who is working as Assistant Sub-Inspector of Police, used to threaten the petitioner with dire consequences. He further submits that the earlier anticipatory bail application filed by petitioner was dismissed vide order dated 20.09.2019 in Crl.P.No.5745 of 2019 and subsequently, the petitioner suffered from viral fever and that the petitioner is ready to cooperate with the investigating agency and he shall abide by the terms and conditions imposed by this Court. 5.

As seen from the contents of the complaint, there are specific allegations against the petitioner/A1 that he used to harass the defacto complainant physically and mentally by demanding additional dowry and that the earlier application for anticipatory bail filed by petitioner was dismissed by this Court on merits and that no new ground has been urged in the present petition, except stating that the petitioner suffered from viral fever, which is not sufficient for grant of anticipatory bail at this stage. In view of the serious allegations made against the petitioner/A1, I am not inclined to grant anticipatory bail and his prayer for anticipatory bail is refused. 6.

Accordingly, the Criminal Petition is dismissed.

7.

Miscellaneous applications, if any pending in this criminal petition, shall stand dismissed.

_____________ G. SRI DEVI, J 14th October, 2019 sj