Back
RAVI CHEEMALAPATI
Pothugutla Sushmitha Sushmi – Appellant
Versus
State of Andhra Pradesh – Respondent
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 g
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.
Point of Law : Petitioner is to be enlarged on bail on the following conditions:1. That she will not abscond or tamper with the witnesses and evidence;2. That she will co-operate with the investigati....
The court determines that allegations of dowry demand do not justify custodial interrogation at the stage of anticipatory bail consideration.
The conduct of an accused is an essential factor required to be considered by a Court while adjudicating upon a plea made by such an accused for grant of pre-arrest/anticipatory bail.
The conduct of the accused is critical in determining anticipatory bail; misuse of interim protection can lead to denial of bail.
Entitlement to anticipatory bail based on specific allegations of harassment and illegal demands.
Anticipatory bail can be granted under Section 438 when allegations do not warrant preemptive detention, provided conditions to protect ongoing investigations are set.
Anticipatory bail can be granted in serious allegations, balancing the gravity of charges with the rights of the accused under specific conditions.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
