1997 Supreme(AP) 556
Andhra Pradesh High Court
Judges : M.N.RAO, NEELAM SANJIVA REDDY
N.Santhoshi - Appellant
Versus
Station House Officer, I Town Police Station, Mahaboobnagar - Respondent
Decided On : 07-04-97
Headnote:
Criminal Case - Petitioner and her husband are present - Petitioner says that she is a major aged years and that she married - She apprehends danger from her parents to her husband because of Police complaint lodged by her father which was registered as Crime and she is fearing that her husband would be arrested and harassed arid that she too would be forcibly taken away by her parents - Held, We also further direct that petitioner shall not be arrested by police and police shall give protection to her from any possible threats from her parents or her other relatives and she shall not be taken out of company of her husband - Husband of petitioner says that he is tenant of premises and same is now locked up by parents of petitioner - If that be so police shall afford him protection and assist him in getting back possession of premises - Order accordingly.
( 2 ) THE petitioner Smt. Santhoshi and her husband Lakshminarayana are present. The petitioner says that she is a major aged 19 years and that she married Lakshminarayana on 17-6-97 at Dharmasthali. She apprehends danger from her parents to her husband because of the Police complaint lodged by her father which was registered as Crime No. 93/97 and she is fearing that her husband would be arrested and harassed arid that she too would be forcibly taken away by her parents.
( 3 ) PRIMA facie we are satisfied that the petitioner by her appearance is a major.
( 4 ) WE, therefore, direct that in the event of Lakshminarayana petitioner s husband being arrested in connection with Cr. No. 93/97 or any other crime concer allegation of his eloping with the petitioner, he shall be released on bail by the concerned police on his executing a bond in a sum of rs. 5,000/ -.
( 5 ) WE also further direct that the petitioner shall not be arrested by the police and the police shall give protection to her from any possible threats from her parents or her other relatives and she shall not be taken out of the company of her husband Lakshminarayana. The husband of the petitioner says that he is the tenant of premises No. 2-6-93 /1, SBH Road, Mahaboobnagar and the same is now locked up by the parents of the petitioner. If that be so, the police shall afford him protection and assist him in getting back the possession of the premises.
( 6 ) RULE nisi, call for records. Notice returnable in four weeks. The learned Govt. Pleader for Home takes notice. The learned Counsel for the petitioner is permitted to take out notice by RPAD to the respondent No. 2, father of the petitioner.