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ANDHRA PRADESH HIGH COURT AT AMARAVATI
Cheekati Manavendranath Roy, J.
P. M. Mithun & Ors. – Appellants
Versus
State of Andhra Pradesh – Respondent
Criminal Petition No. 2917 of 2022
Decided On : 30-04-2022
Anticipatory Bail - Criminal Procedure - The court granted anticipatory bail to the mother and brother of the accused as there were only omnibus allegations against them, while dismissing the bail for the accused husband based on specific allegations of harassment and illegal demands for dowry.
Fact of the Case:
The petitioners sought anticipatory bail in a case involving allegations of cruelty with illegal demands for additional dowry against the husband, mother, and brother of the complainant.
Finding of the Court:
The court dismissed the bail for the accused husband based on specific allegations, while granting anticipatory bail to the mother and brother due to only omnibus allegations against them.
Issues: Allegations of cruelty and illegal demands for dowry, entitlement to anticipatory bail.
Ratio Decidendi: Specific allegations of harassment and illegal demands led to dismissal of bail for the accused husband, while only omnibus allegations resulted in the grant of anticipatory bail to the mother and brother.
Final Decision: Bail dismissed for the accused husband, granted for the mother and brother on execution of self bond.
JUDGMENT
Cheekati Manavendranath Roy, J. - This criminal petition under Section 438 of the Code of Criminal Procedure, 1973 is filed to enlarge the petitioners on bail in the event of their arrest.
2. The petitioners are a-1 to a-3 in Crime No.76 of 2022 of Hindupur I Town Police Station, anantapur District.
3. a case under Section 498-a read with Section 34 of the Indian Penal Code, 1860 (for short 'I.P.C') and Sections 3 and 4 of Dowry Prohibition act, 1961 (for short 'DP act') was registered against the petitioners in the above crime.
4. as per the prosecution case, a-1 is the husband of the de facto complainant, a-2 is the mother and a-3 is the brother of a-1. It is stated that the petitioners have subjected the de facto complainant to cruelty with illegal demands for additional dowry and thereby committed the aforesaid offences.
5. Heard learned counsel for the petitioners and learned additional Public Prosecutor for the State.
6. as can be seen from the contents of F.I.R., specific allegations are made against a-1 regarding the alleged harassment said to have been caused by him to the de facto complainant with illegal demands. Therefore, the accusation made against the 1st petitioner who is a-1 is prima facie well founded from the record. Therefore, he is not entitled to anticipatory bail.
7. However, as there are no specific allegations against the petitioners 2 and 3 who are a-2 and a-3 who are mother and brother of a-1, only omnibus allegations are made against them. Therefore, this Court is of the considered view that a-2 and a-3 are entitled to anticipatory bail.
8. Resultantly, the Criminal Petition in so far as the 1st petitioner who is a-1 is concerned, is dismissed. The Criminal Petition in so far as petitioners 2 and 3 who are a-2 and a-3 is concerned, is allowed. In the event of the arrest of the petitioners 2 and 3 in the above crime, they shall be forthwith released on bail on execution of self bond for Rs.25,000/-(Rupees twenty five thousand only) each with two sureties for a like sum each to the satisfaction of the Station House Officer, Hindupur I Town Police Station, anantapur District.
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.
The court determines that allegations of dowry demand do not justify custodial interrogation at the stage of anticipatory bail consideration.
Anticipatory bail can be granted in serious allegations, balancing the gravity of charges with the rights of the accused under specific conditions.
The court's decision was influenced by the specific allegations made against the first petitioner/a1, the lack of specific allegations against the other petitioners/a-2 to a-4, and the direction for ....
The court established that anticipatory bail can be granted when accused face potential false implications, especially in domestic disputes.
Bail is a rule and rejection is an exception, and the specific circumstances of the case must be considered when granting or rejecting bail in non-bailable offences.
Anticipatory bail granted under Section 438 Cr.P.C. when petitioners have no criminal antecedents and face only general allegations without medical evidence.
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