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Judgment
Criminal Petition has been filed under Sections 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to grant pre-arrest bail to the Petitioners/Accused Nos.2 to 6 in Crime No.144 of 2026 of V.Kota Police Station, Chittoor District, registered for the alleged offences punishable under Sections 109(1), 115(2), 85 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS.,’) and Sections 3, 4 of the Dowry Prohibition Act, 1961 (for brevity ‘the D.P.Act.,’).
Sri D. Purnachandra Reddy, learned Counsel for the Petitioners, submits that the criminal case is a consequence of matrimonial discord and has been instituted to exert pressure on Accused No.1 and the Petitioners. He submits that, though the de-facto complainant left the matrimonial home on 22.02.2026, the complaint was lodged only on 16.08.2026, after an unexplained delay of nearly six months, casting serious doubt on the allegations. It is argued that the allegations relating to dowry demands and property transfers are subsequent embellishments intended to criminalize a matrimonial dispute. The learned Counsel further submits that the parties were engaged in mediation through family elders, indicating efforts at reconciliation.
It is further submitted that the Petitioners are in no way concerned with the differences between Accused No.1 and the de-facto complainant and the Petitioners have been unnecessarily roped into the case, irrespective of their role, knowledge or involvement in the disputes between them. The Petitioners are law-abiding citizens. The Petitioners undertake to strictly adhere to any conditions that may be imposed by this Court while granting pre-arrest bail. Hence, it is urged to allow the Criminal Petition.
Per contra, Mr.A.Sai Rohith, the learned Assistant Public Prosecutor, vehemently opposed the grant of pre-arrest bail to the Petitioners, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the Petitioners are released on pre-arrest bail, there is a strong likelihood that they may abscond, thereby hampering the ongoing investigation and evading the process of law. Hence, it is urged to dismiss the Criminal Petition.
Ms. Sk. Thabasum, learned Counsel appearing on behalf of Sri Bandi Srihari, learned Counsel for Respondent No.2, submits that specific overt acts have been attributed to the Petitioners by the de-facto complainant and brings those specific allegations to the notice of this Court. She further submits that, if anticipatory bail is granted, the Petitioners may interfere with the investigation and threaten the witnesses. Hence, it is urged to dismiss the Criminal Petition.
Heard learned counsel for the Petitioners, learned Assistant Public Prosecutor and learned counsel for the Respondent No.2. Perused the record.
This Court, on 30.09.2026 passed the following order:
“Issue notice to respondent No.1.
The learned counsel for the petitioners is permitted to take out personal notice on respondent No.1 and file proof of service to that effect.
The learned counsel for the petitioners submits that the petitioners/Accused Nos.2 to 6 are the in-laws and relatives of the husband of respondent No.1. Accused No.1 was enlarged on regular bail by this Court vide order dated 22.09.2026 in Crl.P.No.8041 of 2026.
Petitioner Nos.1 and 2/Accused Nos.2 and 3 are the maternal uncles of Accused No.1. Petitioner Nos.3 and 4 are the parents of Accused No.1. Petitioner No.5 is the younger sister of Accused No.1 and is pursuing MBBS.
Having regard to the facts and circumstances of the case, the Investigating Officer is directed not to arrest the petitioners/Accused Nos.2 to 6 until the next date of hearing. However, the petitioners are directed to surrender before the Investigating Officer on 07.10.2026 at 10.00 a.m. and cooperate with the investigation. The Investigating Officer is directed to proceed with the investigation in accordance with law.
The learned counsel for the petitioners further submits that petitioner No.5, who is pursuing MBBS, is required to appear for her MBBS examinations. Therefore, her appearance before the Investigating Officer on the aforesaid date may be exempted. However, she shall appear before the Investigating Officer immediately after completion of her examinations.
Post on 28.10.2026.”
Pursuant to the directions of this Court, the learned Counsel for the Petitioners and the learned Assistant Public Prosecutor submit that the Petitioners have been complying with the conditions imposed by this Court.
As seen from the record, the Petitioner Nos.1 and 2 are the maternal uncles of Accused No.1, Petitioner No.3 is his mother, Petitioner No.4 is his father, and Petitioner No.5 is his younger sister. Accused No.1, who is the husband of the de-facto complainant, was enlarged on regular bail by this Court vide order dated 22.09.2026 in Crl.P.No.8041 of 2026. As per the averments in the complaint lodged by the de-facto complainant, Accused No.1 and the de-facto complainant were residing separately as a nuclear family.
The High Court of Allahabad, in Mukesh Bansal v. State of U.P1 at paragraph Nos.48 and 49, held as under:
“48.Thus assesing the totality of the circumstances, object and the allegation of misuse of this piece of legislation in a shape of Section 498A IPC, the Court is proposing the safeguards after taking the guidace from the judgment of Hon'ble the Apex Court in the case of Social Action Forum for Manav Adhikar v. Union of India (Supra) keeping in view the growing tendency in the masses to nail the husband and all family members by a general and sweeping allegations.
49.Thus, It is directed that:—
(i)No arrest or police action to nab the named accused persons shall be made after lodging of the FIR or complaints without concluding the “Cooling-Period” which is two months from the lodging of the FIR or the complaint. During this “Cooling-Period”, the matter would be immediately referred to Family Welfare Committe(hereinafter referred to as FWC) in the each district.
(ii)Only those cases which would be transmitted to FWC in which Section 498-A IPC along with, no injury 307 and other sections of the IPC in which the imprisonment is less than 10 years.
(iii)After lodging of the complaint or the FIR, no action should take place without concluding the “Cooling-Period” of two months. During this “Cooling-Period”, the matter may be referred to Family Welfare Committee in each districts.
(iv)Every district shall have at least one or more FWC (depending upon the geographical size and population of that district constituted under the District Legal Aid Services Authority) comprising of at least THREE MEMBERS. Its constitution and function shall be reviewed periodically by the District & Sessions Judge/Principal Judge, Family Court of that District, who shall be the Chairperson or Co-chairperson of that district at Legal Service Authority.
(v)The said FWC shall comprise of the following members:—
(a)a young mediator from the Mediation Centre of the district or young advocate having the practices up to five years or senior most student of Vth year, Government Law College or the State University or N.L.Us. having good academic track record and who is public spirited young man, OR;
(b)well acclaimed and recognized social worker of that district having clean antecedant, OR;
(c)retired judicial officers residing in or nearby district, who can devote time for the object of the proceeding OR;
(d)educated wives of senior judicial or administrative officers of the district.
(vi)The member of the FWC shall never be called as a witness.
(vii)Every complaint or application under Section 498A IPC and other allied sections mentioned above, be immediately referred to Family Welfare Committee by the concerned Magistrate. After receiving the said complaint or FIR, the Committee shall summon the contesting parties along with their four senior elderly persons to have personal interaction and would try to settle down the issue/misgivings between them within a period of two months from its lodging.
The contesting parties are obliged to appear before the Committee with their four elderly persons (maximum) to have a serious deliberation between them with the aid of members of the Committee.
(viii)The Committee after having proper deliberations, would prepare a vivid report and would refer to the concerned Magistrate/police authorties to whom such complaints are being lodged after expiry of two months by inserting all factual aspects and their opinion in the matter.
(ix)Continue deliberation before the Committee, the police officers shall themselves to avoid any arrest or any coercive action pursuant to the applications or complaint against the named accused persons. However, the Investigating Officer shall continue to have a peripheral investigation into the matter namely preparing a medical report, injury report, the statements of witnesses.
(x)The said report given by the Committee shall be under the consideration of I.O. or the Magistrate on its own merit and thereafter suitable action should be taken by them as per the provision of Code of Criminal Procedure after expiry of the “Cooling-Period” of two months.
(xi)Legal Services Aid Committee shall impart such basic training as may be considered necessary to the members of Family Welfare Committee from time to time(not more than one week).
(xii)Since, this is noble work to cure abrasions in the society where tempos of the contesting parties are very high that they would melow down the heat between them and try to resolve the misgivings and misunderstanding between them. Since, this is a job for public at large, social work, they are acting on a pro bono basis or basic minimum honorarium as fixed by the District & Sessions Judge of every district.
(xiii)The investigation of such FIRs or complaint containing Section 498A IPC and other allied sections as mentioned above, shall be investigated by dynamic Investigating Officers whose integrity is certified after specialized training not less than one week to handle and investigate such matrimonal cases with utmost sincerity and transparency.
(xiv)When settlement is reached between the parties, it would be open for the District & Sessions Judge and other senior judicial officers nominated by him in the district to dispose of the proceedings including closing of the criminal case.”
The Hon’ble Apex Court in Shivangi Bansal v. Sahib Bansal 2 , at paragraph No.26 held as under:
“26.The transfer petitions and special leave petitions are disposed of in terms of the above order. The guidelines framed by the High Court of Allahabad in the impugned judgment dated 13.06.2022 in Criminal Revision No. 1126 of 2022 vide paras 32 to 38, with regard to ‘Constitution of Family Welfare Committees for safeguards regarding misuse of Section 498A, IPC shall remain in effect and be implemented by the appropriate authorities.”
The de-facto complainant is alleged to have left the matrimonial home on 22.02.2026, whereas the complaint came to be lodged only on 16.08.2026, after an unexplained delay of nearly six months. The said delay is a circumstance that requires consideration at this stage. The allegations levelled against the Petitioners arise out of a matrimonial dispute between the parties, and the accusations, including the alleged incident dated 22.02.2026, require thorough investigation and appreciation of evidence during trial.
Considering the facts and circumstances of the case, the nature and gravity of the allegations levelled against the Petitioners, and the delay in lodging the complaint, this Court is inclined to grant pre-arrest bail to the Petitioners/Accused Nos.2 to 6 with some stringent conditions.
In the result, the Criminal Petition is allowed with the following stringent conditions:
In the event of their arrest, the Petitioners/Accused Nos.2 to 6 shall be enlarged on bail subject to their executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) each with two sureties each for the like sum each to the satisfaction of the arresting police officials;
The Petitioners/Accused Nos.2 to 6 shall make themselves available for investigation as and when required;
The Petitioners/Accused Nos.2 to 6 shall not cause any threat, inducement or promise to the prosecution witnesses.
The Petitioners/Accused Nos.2 to 6 shall appear before the Station House Officer concerned once in a week i.e., on every Saturday between 10.00 a.m. and 5.00 p.m., till filing of the Charge Sheet.
The Petitioners/Accused Nos.2 to 6 shall not leave the limits of the State of Andhra Pradesh without the express permission from the Station House Officer concerned.
The Petitioners/Accused Nos.2 to 6 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court.
The Petitioners/Accused Nos.2 to 6 shall surrender their passports, if any, to the Investigating Officer. If they claim that they do not have passports, they shall submit affidavits to that effect to the Investigating Officer.