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2022 DIGILAW 479 (AP)

P. M. Mithun v. State of Andhra Pradesh

2022-04-30

CHEEKATI MANAVENDRANATH ROY

body2022
JUDGMENT Cheekati Manavendranath Roy, J. - This criminal petition under Section 438 of the Code of Criminal Procedure, 1973 is filed to enlarge the petitioners on bail in the event of their arrest. 2. The petitioners are a-1 to a-3 in Crime No.76 of 2022 of Hindupur I Town Police Station, anantapur District. 3. a case under Section 498-a read with Section 34 of the Indian Penal Code, 1860 (for short 'I.P.C') and Sections 3 and 4 of Dowry Prohibition act, 1961 (for short 'DP act') was registered against the petitioners in the above crime. 4. as per the prosecution case, a-1 is the husband of the de facto complainant, a-2 is the mother and a-3 is the brother of a-1. It is stated that the petitioners have subjected the de facto complainant to cruelty with illegal demands for additional dowry and thereby committed the aforesaid offences. 5. Heard learned counsel for the petitioners and learned additional Public Prosecutor for the State. 6. as can be seen from the contents of F.I.R., specific allegations are made against a-1 regarding the alleged harassment said to have been caused by him to the de facto complainant with illegal demands. Therefore, the accusation made against the 1st petitioner who is a-1 is prima facie well founded from the record. Therefore, he is not entitled to anticipatory bail. 7. However, as there are no specific allegations against the petitioners 2 and 3 who are a-2 and a-3 who are mother and brother of a-1, only omnibus allegations are made against them. Therefore, this Court is of the considered view that a-2 and a-3 are entitled to anticipatory bail. 8. Resultantly, the Criminal Petition in so far as the 1st petitioner who is a-1 is concerned, is dismissed. The Criminal Petition in so far as petitioners 2 and 3 who are a-2 and a-3 is concerned, is allowed. In the event of the arrest of the petitioners 2 and 3 in the above crime, 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, Hindupur I Town Police Station, anantapur District.