Nawaz Hussain , Mohammed Hawaz Hussain v. The State Of Telangana

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL PETITION No.14557 of 2016 ORDER:

The petitioner, who is accused No.1, filed the present application under Section 438 of the Code of the Criminal Procedure (Cr.P.C.), seeking release in the event of his arrest in C.C.No.182 of 2016 on the file of XIII Additional Chief Metropolitan Magistrate, Hyderabad, which arose out of crime No.211 of 2015 of Amberpet Police Station, Hyderabad, registered for the offence punishable under Sections 498A, 344, 506 and 323 IPC and Sections 3 and 4 of Dowry Prohibition Act.

The case of the Prosecution is that on 07.07.2015 at about 7.30 p.m. the informant lodged a report stating that her marriage was solemnized with A.1 in the month of May, 2013. At the time of marriage, 12 tulas of silver and electronic items were given as dowry. It is stated that both of them lived happily for one month and thereafter A.1 started harassing the informant for additional dowry. Thereafter, the family members of A.1 also used to beat her for money. It is alleged that after A.1 went to Dubai, the harassment was increased by the other family members at the instigation of A.1. Basing on these allegations, present report came to be lodged.

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent-State. Learned counsel for the petitioner mainly submits that the petitioner is innocent of the offence and a false case has been

registered. The same is opposed by the learned Additional Public Prosecutor.

As seen from the record, the crime was registered about one year back and the charge sheet came to be filed, which was taken on file as C.C.No.182/2016. Having regard to the facts in issue and in view of the observations made by the learned Judge while rejecting the request of the petitioner, this Court is not inclined to consider the request of the petitioner. However, the petitioner shall surrender before the trial Court and make an application for grant of bail in which event the petitioner shall be released on bail on condition of his executing a personal bond for Rs.20,000/- with two sureties for the likesum each to the satisfaction of the trial Court. Further, the petitioner shall surrender his passport before the trial Court.

Accordingly, the Criminal Petition is disposed of. _______________________________ JUSTICE C. PRAVEEN KUMAR 06.10.2016 sur