THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI CRIMINAL PETITION No.15514 OF 2024

O R D E R:

This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (for short ‘BNSS’) by petitioner/accused No.1 to quash the Look Out Circular against him in C.C.No.349 of 2023 on the file of XIV Additional Metropolitan Magistrate at Kukatpally, Cyberabad.

2. Heard Mr. P. Vamsheedhar Reddy, learned counsel for petitioner and Mr. Surepalli Prashanth, learned Assistant Public Prosecutor for the respondent – State. Perused the material on record.

3. On a complaint, FIR came to be registered bearing No.835 of 2022, dated 21.11.2022 at Jagadgirigutta Police Station, Medchal District, under Section 498-A of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961 (for short ‘DP Act’). Charge sheet is filed before the XIV Additional Metropolitan Magistrate at Kukatpally, Cyberabad.

4. Marriage of accused No.1 was performed with respondent No.2 on 18.11.2012. At the time of marriage 25 tulas of gold, 13 Lakhs Cash were given. They are blessed with two sons. It is the grievance of respondent No.2 that at the time of birth of her elder son, accused No.2 asked to register a property on his name (no property details are mentioned). Accused No.1 got a job in USA and it is alleged that an amount of Rs.50 Lakhs was taken from her parents (no date, no details are mentioned). Respondent No.2 went to USA and she conceived second time (alleged that without any plan she conceived). Gist of the complaint is that accused No.1 harassed mentally and physically on instigation. That demands were made for getting baby aborted, but she did not get aborted.

5. It is stated that when her parents were in USA, one day while cutting vegetables, accused No.1 kept knife on her throat and threatened her not to disclose about taking tablets for abortion. That she got injuries on her little finger and treatment was not given, (no specific date of injury is mentioned) that there was no finger moment. That accused No.1 sent her to India for surgery, her Visa was going to expire, neither there were any efforts for extension of Visa nor accused No.1 spoke to her. Further allegation is that when she went to her in-laws house, accused Nos.2, 4 and 5 said that if they performed marriage of their boy again, they would get 5 Crores dowry. That she was necked out from her house and harassed to bring One Crore. Hence, complaint on accused Nos.1 to 5 for mental and physical harassment and for want of additional dowry.

6. It is submitted by learned counsel for accused No.1 that accused No.1 is an employee in USA, holding a Passport, valid up to 23.01.2028 (Passport bearing No.Z3819026). Attention of this Court is invited to Page No.35, a photo copy of Visa issued to petitioner/accused No.1 from Chennai on 28.06.2024 due for expiry on 22.09.2025. That petitioner/accused No.1 is working for PN-Computek Solutions INC. Attention is invited to the appearance of petitioner/accused No.1 attended when called for by III Additional Junior Civil Judge-cum-XIV Additional Metropolitan Magistrate, Kukatpally, on various dates (i.e., on 25.09.2024, 23.10.2024 and 28.10.2024). It is submitted that petitioner/accused No.1 is attending the Court regularly and is cooperating, in the proceedings.

7. It is submitted that petitioner is further willing to attend the Court proceedings when required physically. It is further submitted that petitioner shall appear through video conference during his stay in USA and if the Court calls for his physical presence, he is ready and willing to come and cooperate with the proceedings.

8. Learned counsel placed the reliance upon the judgment of this Court in Crl.P.Nos.6470 and 6472 of 2021 (Page Nos.92 to 96) and submitted that in similar circumstances, this Court considered and granted appropriate relief, inspite of there being a Look Out Circular and a case for offence punishable under Sections 498-A, 324 and 506 of IPC was continuing on the file of II