Mandhala Sivamma v. The State Of A.P.

HON'BLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.10384 of 2018 ORDER:

The petitioner is accused No.2 of crime No.170 of 2018 of Nandyal Rural Police Station, Kurnool District, registered for the offences punishable under Sections 498-A & 304-B r/w 34 IPC.

Heard learned counsel for the petitioner in the anticipatory bail application for 2nd time before this Court and the learned Public Prosecutor representing the State in opposing the same and perused the FIR, bail application averments and while dismissing the anticipatory bail application to the petitioner granted anticipatory bail to her daughter-A.3 in Crl.P.No.9184 of 2018 dated 06.09.2018 and subsequently A.1 while under judicial custody since 23.07.2018 granted regular bail by this Court in Crl.P.No.9187 of 2018 dated 10.09.2018.

A perusal of the very FIR averments Telugu written report page No.1 last but 15th line it is very crystal clear that the accused persons harassed and sent her to her parents house after the birthday function of her son on 22.05.2018 to meet Rs.2 lakhs dowry without which not to enter the house and A.1 subsequently harassing by phone calls for demand of Rs.2 lakhs to reach the house after bringing the amount, unable to bare the harassment she committed suicide at the parents house.

Dr.SSRB,J It is the contention that A.2 & A.3 are in same position, this Court categorically while dismissing the anticipatory bail to the petitioner-A.2 granted to A.3 as she resided with her husband at a different place even after there is allegation in the FIR that A.2 and A.1 sent through A.3 the deceased person to her parents house after the birthday function of his child.

Thereby both are not in same situation, leave about the difference in the facts supra, the fact that A.3 granted anticipatory bail even not a concession at 2nd time, this Criminal Petition is dismissed. It is left open to surrender and move for regular bail to decide on merits. Miscellaneous petitions, if any, shall stand closed. _______________________________ Dr. B. SIVA SANKARA RAO, J Date: 05.10.2018 ska