Aluri Hymavathi v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.9609 OF 2023 ORDER:

1.

This Criminal Petition is filed under Sections 437 and 439 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking regular bail to the petitioner/Accused No.5 in Crime.No.16 of 2023 on the file of Warangal Women Police Station, Warangal District, registered for the offences under Sections 498-A, 494, 307 and 506 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961. 2.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the respondent-State and perused the record.

3.

It is alleged that A-1 and the de-facto complainant was married on 17.11.2021 and at the time of marriage, dowry of Rs.30 lakhs was given including gold. Thereafter, A-1 started harassing the de-facto complainant by maintaining an affair with this petitioner and demanded to get additional dowry of Rs.5 lakhs. However, A-1 used to abuse her, bet her and necked her out of the house.

4.

As seen from the complaint, there is an allegation under Section 307 of IPC that accused tried to kill de-facto complainant by placing a chunni cloth around her neck and strangled her.

5.

Admittedly, there are no injuries that were received by the de-facto complainant. The case appears to be one of the alleged harassment for additional dowry. The petitioner who is alleged to have an affair with A-1 can be granted the relief of regular bail, subject to following conditions:

i) The petitioner/Accused No.5 shall execute personal bond for a sum of Rs.20,000/- (Rupees Twenty thousand only) with two sureties for a like sum each to the satisfaction of Principal Junior Civil Judge-Cum-Principal Judicial Magistrate of First Class at Hanamkonda.

ii) The petitioner/Accused No.5 after release shall appear before the concerned Station House Officer as and when required for the purpose of investigation.

iii) The petitioner/Accused No.5 shall abide by the other conditions stipulated under Section 437(3) of Cr.P.C.

6.

Accordingly, this Criminal Petition is allowed.

Miscellaneous applications, pending if any, shall stand closed.

_________________ K.SURENDER, J Date: 05.10.2023 dv

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO. 9609 OF 2023 Dt.05.10.2023 dv