An accused who has not been declared a proclaimed offender under Section 82 of the Cr.P.C. is entitled to anticipatory bail, even if they were shown as absconding in the charge sheet.

JUDGMENT

Ravi Cheemalapati, J. - This Criminal Petition is filed under Section 438 of Criminal Procedure Code ('Cr.P.C.' in short), seeking pre arrest bail, by the petitioner/A-4 in C.C. No. 418 of 2022 of on the file of the Court of the learned Additional Junior Civil Judge, Mangalagiri, Guntur District, concerned to Crime No. 261 of 2021 of Thulluru Police Station registered for the offence punishable under Sections 498(A) read with 34 of the Indian Penal Code and Sections 3 & 4 of the Dowry Prohibition Act, 1961.

2. The case of the prosecution, in brief, is that the de facto complainant is wife of A-1 and their marriage was performed on 30.05.2021 and at the time of marriage her parents gave dowry and other gold ornaments and that her husband is working as a software engineer in Cardinal Health Company, USA and that the de facto complainant and the accused/A-1 to A-4 were residing under the same roof. It is the further case of the prosecution that the accused/A-1 to A-4 harassed the de facto complainant that the dowry and articles presented to them at the time of marriage was not commensurate with their family status and that they would have got more dowry if A-1 married another girl and later the de facto complainant learnt that A1 alone booked ticket to USA and when she enquired the accused as to the reason for not taking her to USA along with A-1, the accused/A-1 to A-4 informed her that they were not satisfied with the dowry presented and that the marriage was not performed in a grand way and further they started pressurizing the de facto complainant to get the land registered in the name of A-1 and thus the accused/A-1 to A-4 harassed the de facto complainant and tortured her for getting additional dowry. Based on her complaint, the above crime was registered. The respondent police completed the investigation and filed charge sheet showing A1 and A4 as absconding on the file of the Court of the learned Additional Junior Civil Judge, Mangalagiri. The learned Magistrate took cognizance of the offence vide C.C. No. 418 of 2022 and issued Non-Bailable Warrant against the petitioner/A-4, since she was shown absconding in the charge sheet.

3. Heard Sri B. Manoj Kumar, learned counsel for the petitioner/A-4 and Sri Sravan Kumar Naidana, learned Special Assistant Public Prosecutor for the respondent-State.

4. Sri B. Manoj Kumar, learned counsel for the petitioner, would submit that the allegations made against the petitioner/A-4 are not specific and they are omnibus in nature. The petitioner/A-4 being sister of A-1 was roped in this case without there being any truth.

He would further submit that upon registration of the crime, the petitioner/A-4 approached the respondent police, whereupon they served 41A Cr.P.C. notice on her and she has cooperated with the respondent police during the course of investigation and later the police took back the 41A Cr.P.C. notice served on the petitioner stating that its part of their investigation and they have to keep it with them.

He would further submit that, the petitioner/A-4 is a Dentist working in Modern Dental Care Hospital, Lakshmipuram, Guntur since 04.01.2021 and placed on record the certificate evidencing the said fact. He would further submit that though the petitioner was very much available in Guntur and cooperated with the investigating agency, the respondent police, however, shown her as absconding while filing charge sheet.

He would further submit that the petitioner/A-4 is spinster and in case she is arrested her career as well as her marriage alliances would get adversely affected.

He would further submit that the petitioner would abide by any conditions imposed by this Court and she would cooperate for conclusion of trial.

On the above contentions, the learned counsel for the petitioner prayed for grant of anticipatory bail to the petitioner.

5. The learned Special Assistant Public Prosecutor would submit that the petitioner/A-4 did not cooperate with the investigation and appear b