Dandu Malyadri v. The Stte Of A.P.,

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL PETITION No. 11442 OF 2016 ORDER :

The petitioner, who is the sole accused in Crime No.45 of 2016 of A.S.Pet Police Station, Nellore District, filed the present Criminal Petition under Section 438 Cr.P.C. seeking release in the event of his arrest in connection with the above crime, registered for an offence punishable under Section 498-A IPC.

The case of the prosecution is that the marriage of the informant with the petitioner took place in the year 2005. At the time of marriage, the parents of the informant gave cash of Rs.20,000/- and 10 tolas of god. Both of them lived happily for five years and out of wedlock they blessed with two female children. Subsequently, the petitioner went away stating that he got a job. On 11.05.2016 a panchayat was held before the elders, in which the petitioner agreed to pay maintenance of Rs.3,00,000/- for children and Rs.2,00,000/- to the wife within six months. He gave cheque for Rs.3,00,000/- on 16.03.2016 which when presented was returned due to insufficient funds. Basing on these allegations the above case came to be registered.

Heard learned counsel for the petitioner and Public Prosecutor appearing for the respondent-State.

As seen from the record, the petitioner is alleged to have harassed the informant without providing any means to maintain herself and her daughters. The averments in the report do not reflect any act of demand of additional dowry except alleging that the petitioner harassed the informant without providing maintenance. Having regard to the facts and circumstances of the case, the

petitioner, if so advised, shall surrender before the Court concerned and make an application for regular bail, in which event, the same shall be considered on such terms as the said Court deems fit and proper on the same day.

With the above direction, the Criminal Petition is disposed of. _________________________ JUSTICE C. PRAVEEN KUMAR 09.08.2016 gkv