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High Court for State of TelanganaCRLP/7539/2016disposed of no costs

Shaik Zakiya (Wrongly Shown As Shaik Zakhiya Begum In Fir), v. The State Of A.P.,

2016-06-10Raja Elango2 pages

THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7539 of 2016 ORDER:

This Criminal Petition is filed by the petitioners/A-6 & A-7 under Section 438 Cr.P.C. seeking anticipatory bail in Crime No.101 of 2015 of Women Police Station, Guntur Urban, for the offences punishable under Sections 498-A IPC and Sections 3 & 4 of the Dowry Prohibition Act.

Heard and perused the material available on record. The allegations against the petitioners are that the petitioners are the younger sister and brother-in-law of A-1. The marriage between the de facto complainant and A-1 was performed on 12.06.2011 at Guntur and at the time of marriage, she was given land, cash and gold by her parents towards dowry and A-1 was also given gold ornaments along with 'Lanchanams' and for a period of one month, A-1 and de facto complainant stayed in her matrimonial house and thereafter, A-1 left to Abu Dhabi for employment. It is further alleged that the other accused including the petitioners started harassing the de facto complainant for additional dowry and used to abuse and beat her.

Learned counsel for the petitioners submitted that the petitioners are living in Saudi Arabia from 2012 onwards and the 2nd petitioner is working for a Commercial Bank in Riyad of Saudi Arabia. He further submits that there are no specific overt acts against the petitioners and only omnibus allegations are made against the petitioners. He further submits that the investigation is also completed and the charge sheet has been filed and as the petitioners were shown as absconding, NBWs were issued against them and therefore, they may be granted anticipatory bail.

In view of the submissions made by the learned counsel for the

petitioners, this Court is of the view that this criminal petition can be disposed of with the following directions:

The petitioner/A-6 & A-7 are directed to appear before the Court concerned on or before 30.06.2016 and file an application to recall the NBWs pending against them and on filing of such application, the trial Court is directed to recall the NBWs on the same day on their execution of a personal bond for a sum of Rs.5,000/- (Rupees five thousand only) each with one surety each for the like sum and further the petitioners are directed to appear before the trial Court regularly. Accordingly, the Criminal Petition is disposed of. ___________________ RAJA ELANGO, J Date: 10th June, 2016 KL