Ankam Chandra Sekhar, v. The Sate Of Andhar Pradesh

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THURSDAY, THE EIGHTH DAY OF NOVEIVIBER, TWO THOUSAND AND EIGHTEEN rHE HoNouRAu.r o[ltu3?lcru .HAMEEM AKTHER CRLP.No. 11529of 2018 Between:- Ankam Chandra Sekhar, S/o. Satyanarayana.

.. Petitioner/Accused No.

'1 AND The State of Andrha Pradesh, Rep. by its Public Prosecutor, High Court at Hyderabad.

..... RespondenUCom plaina nt Petition filed under Section 438 of Cr.P.C. praying that in the circumstances stated in the Grounds of Criminal Petition, the High Court may be pleased to grant bail to the petitioner in the event of his arrest in Crime No. 104 of 2018 on the file fo the Women Police Station, Rajama hendravaram. These petition coming on for hearing, upon perusing the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri Pottigari Sridhar Reddy, Advocate for the Petitioner and of Additional Public Prosecutor(AP) on behalf of Respondent-State, the Court made the following ORDER :-

THE HON'BLE DT. JUSTICE SHAMEEM AKTHER Criminal Petition No.11529 of 2O18

ORDER

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 7973, is filed by the petitioner/accused, for grant of anticipatory bail in Crime No.104 of 2018 of Women Polic:e Station, Rajahmundry, Rajamahendravaram Urban District, registered for the offences punishable under Section 49BA of I.P,tl. and Section 4 of the Dowry Prohibition Act, 1961. 2.

Heard the learned counsel for the petitioner/accused, the learned Additional Public Prosecutor representing the respondentState and perused the record. 3.

In the course of submissions, it is brought to the notice of this Court that two school going children of the petitioner/accused and the de-facto complainant are residing with ihe petitioner/accused. It is also brought to the notice of this Court that the petitioner/accused is residing separately from the de-facto complainant for the last four years and he had also filed a petition for dissolution of marriage between him and the de-facto complainant in O.P.No.574 of 2015 on the file of Family Ccurt, t Ranga Reddy District at L.B.Nagar, Hyderabad. It is Further brought to the notice of this Court that the de-facto complainant is suffering from mental illness. Copies of treatment rendered to her are filed along with the bail application. The petitioner/accused, who is an employee of a private company, has to take care of his two children. Considering the totality of circumstances, this Court /

is inclined to grant bail to the petitioner/accused under Section 438 of Cr.P,C,, on some conditions, 4.

Accordingly, the petitioner/accused is directed to surrender before the Station House Officer, Women Police Station, Rajahmundry, Rajamahendravaram Urban District, within a period of 15 days from the date of this order. On such surrender, the said Station House Officer shall release the petitioner/accused on bail on his executing a personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties in a like sum each to his/her satisfaction. On such release, the petitio n e r/accused shall report before the said Station House Officer on every Sunday between 09:00 AM and 10:00 AM, till filing of the charge-sheet. The petitioner/accused shall also abide by the conditions stipulated in Section 438 (2) of the Code of Criminal Procedure, 1973, and shall cooperate with the investigating officer in the investigation of the case.

5.

The Criminal Petition is, accordingly, allowed. Miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed.

,',.- --_l_ Sd/- K.SAILESHI ASSISTANT REGIS'I'

R //TRUE COPY// for ASSISTANT ISTRAR To l Jhe Special Judge for Trial of Cases under S.Cs & S Ts (POA) Act-cum-X Additional Districl & Sessions Judge, East Godavari District at Rajamahendravaram.

Z.fne Vt Additional Judicial Magistrate of First Class, Rajamahendravaram' East Godavari District.

3.The Station House Officer, Women Police Station, Rajamahendravaram' East Godavari District.

4.Two CCs to the Public Prosecuto(AP), High Court at Hyd (OUT) to Sri Pottigari Sridhar ReddY, 6.One spare coPy Advocate(OPUC)

I{IGII COURT DR.Sr\.J DT.08-l t-201u.

ANTICIPATORY BAIL ORDER CRLP .No. 11529 of 2018 RELEASE TH E PETITIONER/ACCUSED NO.I ON Br\lL IN TllE E\/liNT OF }IIS .\RREST