Kuna Vasudeva Rao vs State Of Andhra Pradesh

Ravi Cheemalapati, J

This Criminal Petition is filed under Section 438 of the Criminal Procedure Code (‘Cr.P.C.’ in short), seeking pre-arrest bail, by the petitioner/Accused No.1 in Crime No.71 of 2022 of Ponduru Police Station, Srikakulam District, registered for the offence punishable under Sections 326 and 498-A read with 34 of the Indian Penal Code, 1908 (‘IPC’ in short) and Sections 3 & 4 of the Dowry Prohibition Act.

The case of the prosecution, in brief, is that the accused, who are husband and the mother-in-law of the de facto complainant harassed her both physically and mentally for additional dowry. On 16.05.2022 at 08.30 hours both the accused beat the de facto complainant with crowbar on her left jaw, due to which her three teeth were broken. Hence, the above crime was registered against the accused.

Heard Sri T. Tejeswara Rao, learned counsel for the petitioner and Sri Sravan Kumar Naidana, learned Special Assistant Public Prosecutor for the respondent-State.

The learned counsel for the petitioner, in elaboration to what has been stated in the grounds, contended that the petitioner is falsely implicated in the said crime. It is also stated that the allegations in the complaint do not attract the ingredients of Section 326 of IPC. Further, it is stated that the de facto complainant is living separately since six years and hence, the question of harassing her does not arise at all.

It is also stated that the petitioner also filed Criminal Miscellaneous Petition Nos.109 and 118 of 2022 and they were dismissed on 24.06.2022 and 19.07.2022, respectively and as such prayed for grant of pre-arrest bail.

The learned Special Assistant Public Prosecutor, while opposing the application, submitted that there are serious allegations against the petitioner and, therefore, it is not a fit case to grant bail.

On a perusal of the complaint prima facie it is evident that there are certain allegations against the petitioner. As such this Court is not inclined to grant anticipatory bail to the petitioner. However, liberty is given to the petitioner to surrender before the concerned Court and seek regular bail. In the event of the petitioner’s surrender before the concerned Court and moves an application for regular bail, the concerned Court is directed to pass appropriate orders at the earliest.

Accordingly, the Criminal Petition is disposed of.

Miscellaneous applications, pending if any, shall stand closed.