IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD MONDAY, THE THIRTIETH DAY OF MARCH TWO THOUSAND AND NINE :PRESENT: THE HON'BLE SRI JUSTICE G.V.SEETHAPATHY CRIMINAL PETITION No. 1691 of 2009 Between: 1. Anand Kumar, S/o. Rama Swamy, 2. G. Manasa, D/o. Balaswamy, Petitioners/Accused No.1 and 4 AND The State of A.P., through Kollapur Police Station, Mahaboobnagar District, rep by its Public Prosecutor, High Court of A.P., Hyderabad. Respondent (Respondent in -do-) Counsel for the Petitioners: SRI.. P. VINOD KUMAR Counsel for the Respondent THE ADDL. PUBLIC PROSECUTOR Petition under Section 438 of Crl.P.C praying that in the circumstances stated therewith, the High Court may be pleased to release the petitioners on bail in the event of their arrest in Crime No.19 of 2009 on the file of P.S. Kollapur, Mahaboobnagar District. The Court made the following Order: “This petition is filed under Section 438 Cr.P.C. seeking anticipatory bail to the petitioners in Crime No.19 of 2009 of P.S., Kollapur, Mahaboobnagar District. Heard the learned counsel for the petitioners and learned Additional Public Prosecutor for Respondent –State and perused the record. Petitioners-A1 and A-4 along with two others are accused of offence under Section 498-A I.P.C. read with Section 34 of IPC. The 1st petitioner A-1 is the husband and petitioner No.2-A-4 is cousin sister of the complainant. According to the prosecution the marriage of complainant with A-1 was performed on 2-6-2004 and at the time of marriage Rs.1,00,000/- in cash, five tulas of gold and 1 acre of land was given as dowry to A-1 and since one year after the marriage the petitioners and other accused started harassing the complainant over demand of additional dowry of Rs.1,00,000/- and subjected her to physical and mental cruelty. 2 The 2nd petitioner-A-4 is stated to be a student of Engineering and she is residing elsewhere. There is no specific allegation in so far as 2nd petitioner- A- 4 is concerned. In the circumstances, it is considered that the 2nd petitioner—A-4 can be granted anticipatory bail. In so far as 1st petitioner-A-1 is concerned in view of the fact that he is husband of the complainant and specific allegations are made against him it is not considered just and expedient to grant anticipatory bail to the 1st petitioner-A-1. However, A-1 is directed to surrender before the concerned Magistrate and seek regular bail within two weeks from the date of receipt of a copy of this order. The 2nd petitioner-A-4 is directed to be released on anticipatory bail in the event of her arrest in Crime No.19 of 2009 of P.S., Kollapur, Mahabubnagar District on her executing a bond for Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of the same. S.H.O. In the result, the petition is allowed in sofar as 2nd petitioner is concerned and dismissed as against 1st petitioner –A1 is concerned.” Sd/-U.S. SARMA ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1. The Judicial First Class Magistrate, Kollapur, Mahabubnagar District. 2. The Station House Officer, Police Station, Kollapur Mahabubnagar District. 3. Two CCs to Addl. Public Prosecutor, High Court of A.P., Hyderabad(OUT) 4. One CC to Sri. P. Vinod Kumar, Advocate (OPUC) 5. One Spare Copy NOTE: In the 3rd para of the operative portion of the order dt. 30-3-2009 in Crl.P.No.1691/09” The Sections 3 & 4 of D.P. Act” is corrected as “read with Section 34 of IPC” as per the order of the court dated 15-4-09 in Crl.MP.No.2172/2009 in Crl.P.No.1691/09. Substitute this amended order in place of previous order which was already dispatched on 30-3-2009 in Crl.P.No.1691/09 Sd/-U.S. SARMA ASSISTANT REGISTRAR HIGH COURT GVSJ DT. 30-3-2009 BAIL ORDER CRL.P.NO.1691 OF 2009 DIRECTION Drafted by: KK Drafted on: 30-3-2009 HIGH COURT GVSJ DT. 30-3-2009 BAIL ORDER CRL.P.NO.1691 OF 2009 DIRECTION