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Judgment
Venkateswarlu Nimmagadda, J
This criminal petition under Section 438 of Code of Criminal Procedure, 1973 (for short ‘Cr.P.C’) is filed seeking pre-arrest bail to the petitioners in the event of their arrest in connection with Crime No.57 of 2022 of Women Police Station, East Godavari District, registered for the offences punishable under Sections 498-A read with 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act.
It is the case of the prosecution that on 23.11.2017, the marriage was took place between the de-facto complainant and A1 at Subham Kapu Function Hall, East Godavari District. After that she joined her inlaws house. The husband used to beat the de-facto complainant every day for some reasons or other. Her sister-in-law by name Vanka Srivalli was married. But they were still in Tanuku and all the accused together harassing the de-facto complainant. Hence, the crime was registered.
Heard Santhi Sree Vallabhaneni, learned counsel for the petitioners and the learned Assistant Public Prosecutor for the State.
Learned counsel for the petitioners submits that the Accused Nos.4 and 5 are sister and brother-in-law of Accused No.1 and they are living elsewhere. He further submits that they were falsely implicated in the present case. Hence, they are entitled for pre-arrest bail.
The learned Assistant Public Prosecutor submitted that the aforesaid offences registered against the petitioners are all punishable with less than seven (07) years period of imprisonment and as such, the respondent-police are ready to follow the principle laid down in Arnesh Kumar v. State of Bihar and another (2014) 8 SCC 273 .
In view of the facts and circumstances of the case, this Criminal Petition is disposed of directing the respondent-Police to follow the procedure contemplated under Section 41-A of Cr.P.C and the guidelines issued by the Hon’ble Supreme Court in Arnesh Kumar v. State of Bihar and another (2014) 8 SCC 273 case. The petitioners are directed to cooperate with the investigation in the above said Crime.
Miscellaneous applications, pending if any, shall stand closed.