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2021 Supreme(AP) 407
ANDHRA PRADESH HIGH COURT AT AMARAVATHI
Lalitha Kanneganti, J.
Somavaripetta Lakshmidavi @ Vijayalakshmi - Appellant
Versus
State of Andhra Pradesh - Respondent
Criminal Petition No. 3844 of 2021
Decided On : 23-07-2021
Important Points
Subject
Criminal Law - Pre-arrest Bail
Act Referred
DOWRY PROHIBITION ACT : S.3, S.4
INDIAN PENAL CODE : S.498(a)
Headnote
Pre-arrest Bail - Offences under Section 498-A IPC and Dowry Prohibition Act - Court directs police to follow procedure under Section 41-A of Cr.P.C
Fact of the Case:
Petition filed seeking pre-arrest bail for alleged offences under Section 498-A IPC and Dowry Prohibition Act
Finding of the Court:
Court directs police to follow procedure under Section 41-A of Cr.P.C due to maximum punishment prescribed for the offences being below seven years
Issues: Pre-arrest bail for alleged offences under Section 498-A IPC and Dowry Prohibition Act
Ratio Decidendi: Maximum punishment prescribed for the offences being below seven years warrants police to follow procedure under Section 41-A of Cr.P.C
Final Decision: Criminal petition is disposed of with no costs, and pending miscellaneous applications shall stand closed
Amancharla Satish Babu, Advocate
JUDGMENT
Lalitha Kanneganti, J. - This petition is filed under Sections 438 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking pre-arrest bail to the petitioners/Accused in connection with Crime No.155 of 2021 of Tenali I Town Police Station, Guntur District, wherein the petitioners are alleged to have committed the offences punishable under Section 498-A of the Indian Penal Code, 1860 (for short "IPC") and Section 3 and 4 of Dowry Prohibition Act.
2. Heard Sri Amancharla Satish Babu, learned counsel for the petitioners and learned Public Prosecutor for respondent-State.
3. Learned counsel for the petitioners without arguing the case on merits, would submit that since the punishment prescribed for the alleged offence is below seven years, the police may be directed to follow the procedure as contemplated under Section 41-A of Cr.P.C.
4. Learned Assistant Public Prosecutor also fairly conceded for the same.
5. Taking into consideration the fact that maximum punishment prescribed for the offences leveled against the petitioners is below seven years, the police are directed to follow the procedure contemplated under Section 41-A of Cr.P.C. and guidelines issued by the Hon'ble Apex Court in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273.
6. Accordingly, the criminal petition is disposed of. No costs.
7. As a sequel, all the pending miscellaneous applications shall stand closed.
