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2022 Supreme(AP) 1335
ANDHRA PRADESH HIGH COURT AT AMARAVATI
K.Manmadha Rao, J.
Reddy Anand Kumar & Ors. – Appellants
Versus
State of Andhra Pradesh – Respondent
Criminal Petition No. 3023 of 2022
Decided On : 12-05-2022
Important Points
Subject
Criminal Law - Bail Proceedings
Act Referred
DOWRY PROHIBITION ACT : S.3, S.4
INDIAN PENAL CODE : S.307, S.323, S.34, S.342, S.384, S.417, S.498(a), S.506
Headnote
Anticipatory Bail - Criminal Procedure - The court found that specific allegations were made against the first petitioner/a1 regarding alleged harassment with illegal demands, making him not entitled to anticipatory bail. However, there were no specific allegations against the other petitioners/a-2 to a-4, and the Investigating Officer was directed to follow the procedure under Section 41a Cr.P.C. and the guidelines prescribed by the Hon'ble apex Court in Arnesh Kumar v. State of Bihar and another (2014) 8 SCC 273 case scrupulously. The first petitioner/a1 was directed to surrender before the trial Court and seek bail, with the trial Court instructed to dispose of the bail application on the same day if filed within fifteen days from the date of receipt of the order.
Fact of the Case:
The petition was filed seeking pre-arrest bail for the petitioners/a1 to a4 in connection with a case registered for offences under various sections of the Indian Penal Code and the Dowry Prohibition Act.
Finding of the Court:
The court found specific allegations against the first petitioner/a1, making him not entitled to anticipatory bail, but no specific allegations against the other petitioners/a-2 to a-4. The first petitioner/a1 was directed to surrender before the trial Court and seek bail, with the trial Court instructed to dispose of the bail application on the same day if filed within fifteen days from the date of receipt of the order. The Criminal Petition was disposed of.
Issues: The main issue was the entitlement to anticipatory bail for the petitioners/a1 to a4 in connection with the registered offences.
Ratio Decidendi: The court's decision was based on 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 first petitioner/a1 to surrender before the trial Court and seek bail.
Final Decision: The Criminal Petition was disposed of, with the first petitioner/a1 directed to surrender before the trial Court and seek bail, and the trial Court instructed to dispose of the bail application on the same day if filed within fifteen days from the date of receipt of the order.
Sunkara Rajendra Prasad, Advocate
JUDGMENT
Dr. K.Manmadha Rao, J. - This petition is filed under Section 438 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking pre-arrest bail to the petitioners/a1 to a4 in the event of their arrest in connection with Crime No.22 of 2022 of Women Police Station, Krishna District, registered for the offences punishable under Sections 498-a, 307, 342, 384, 506, 323, 417 r/w 34 I.P.C and Sections 3 and 4 of the Dowry Prohibition act.
2. Heard learned counsel for the petitioners and learned Special assistant Public Prosecutor for the respondent-State.
3. 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.
4. However, there are no specific allegations against the petitioners/a-2 to a-4 and only omnibus allegations are made against them. Therefore, the Investigating Officer is directed to follow the procedure contemplated under Section 41a Cr.P.C. and the guidelines prescribed by the Hon'ble apex Court in arnesh Kumar v. State of Bihar and another (2014) 8 SCC 273 case scrupulously.
5. Insofar as the 1st petitioner/a1 is concerned, he is directed to surrender before the trial Court concerned and seek bail. In case, the 1st petitioner/a1 surrenders before the trial Court concerned within fifteen (15) days from the date of receipt of a copy of this order and files any bail application, the trial Court shall dispose of the said application on the same day, according to law.
6. accordingly, the Criminal Petition is disposed of.
7. all pending miscellaneous petitions if any, shall stand closed.
