Harshit Sarikonda v. Public Prosecutor, High Court of Andhra Pradesh, Amaravathi
2020-11-30
CHEEKATI MANAVENDRANATH ROY
body2020
DigiLaw.ai
ORDER : Cheekati Manavendranath Roy, J. 1. This petition is filed under Section 438 of the Code of Criminal Procedure, 1973, to enlarge the petitioners on bail in the event of their arrest. 2. The petitioners are accused in Crime No. 510 of 2020 of Markapur Town Police Station, Prakasam District. 3. The offences registered against the petitioners are under Section 498-A of the Indian Penal Code, 1860 and under Sections 3 and 4 of the Dowry Prohibition Act, 1961. 4. It is the case of the prosecution that the 1st petitioner is the husband of the de facto complainant and petitioners 2 and 3 are the parents of the 1st petitioner and that they have harassed the de facto complainant with a demand for additional dowry and thereby committed the aforesaid offences. 5. Heard learned counsel for the petitioners and the learned Additional Public Prosecutor. 6. Learned counsel for the petitioners would contend that the marriage between the 1st petitioner and the de facto complainant is a love marriage and that they have married each other against to the will of the parents of the de facto complainant and thereafter the de facto complainant herself lodged a report with the police stating that she got threat from her parents and sought police protection and now subsequently she is played into the hands of her parents and within a short time thereafter, she has lodged this report with the police with all false allegations and as such, the petitioners are implicated in a false case. He would further submit that the 1st petitioner is a Doctor by profession and the 3rd petitioner is an employee working as Deputy General Manager, Singareni Collieries, Satthupalli and thereby prayed for grant of anticipatory bail to the petitioners. 7. Learned Additional Public Prosecutor while opposing this petition would submit that there are specific allegations in the F.I.R. showing demand of dowry and harassment and he would further submit that about ten witnesses are examined in this case. So, having regard to the nature of the offence, he would pray for dismissal of the petition. 8. Perused the record. 9. It is not in dispute that the marriage between the 1st petitioner and the de facto complainant is a love marriage and that their marriage took place against to the will of the parents of the de facto complainant.
8. Perused the record. 9. It is not in dispute that the marriage between the 1st petitioner and the de facto complainant is a love marriage and that their marriage took place against to the will of the parents of the de facto complainant. As per the copy of the report produced by the de facto complainant, it is evident that she herself has lodged a report against her parents with the police stating that she got threat from her parents as she married the 1st petitioner against their wishes. This report was lodged last year i.e. in the year 2019 with the police. However, again after short time thereafter, the de facto complainant has lodged this report against the petitioners with the aforesaid allegations. In view of the fact that her marriage is a love marriage which took place against to the wishes of her parents and having regard to the earlier report lodged by her against her parents complaining threat in their hands, as rightly contended by the learned counsel for the petitioners, the allegations made against these petitioners subsequently in the present report appears to be doubtful. Further, the 1st petitioner is a Doctor by profession and 3rd petitioner is an employee working as respectable person as Deputy General Manager, Singareni Collieries. Therefore, in the facts and circumstances of the case, this Court is of the considered view that the petitioners are entitled to pre-arrest bail. 10. In the result, this Criminal Petition is allowed. In the event of the arrest of the petitioners in Crime No. 510 of 2020 of Markapur Town Police Station, Prakasam District, they shall be forthwith released on bail on execution of self bond for Rs. 25,000/- (Rupees twenty five thousand only) each with two sureties for a like sum each to the satisfaction of the Station House Officer of Markapur Town Police Station, Prakasam District. On their release, the petitioners shall not make any attempt to tamper with the prosecution evidence and they must make themselves available to the Investigation Officer as and when directed to facilitate proper investigation.