LAWS(KAR)-2020-6-9

K. NAVEEN Vs. STATE BY BANGARPET POLICE

Decided On June 10, 2020
K. Naveen Appellant
V/S
STATE BY BANGARPET POLICE Respondents

JUDGEMENT

(1.) This petition is filed under Section 438 of Cr.P.C seeking anticipatory bail of the petitioner/accused No.1 in Crime No.31/2020 for the offences punishable under Sections 498-A, 323, 504, 506, 341 read with Section 34 of IPC, 1860 and Sections 3 and 4 of Dowry Prohibition Act, 1961.

(2.) The factual matrix of the case is that the marriage of the complainant was solemnized with the petitioner on 31.03.2019 at S.N.R. Kalyana Mantapa, Bangarpet. It is alleged that, at the time of marriage, the parents of the complainant gave gold ornaments about 104 grams and cash of Rs.2,00,000/- as dowry and spent Rs.9,00,000/- for performing the marriage. Immediately within 20 days of their marriage, the petitioner gave mental and physical harassment to the complainant by demanding further dowry of Rs.2,00,000/- in cash and also two wheeler. It is also alleged that, this petitioner was receiving call from other woman and when the same was picked up by the complainant, she revealed that this petitioner has already married her seven years ago. When the complainant questioned the same with the petitioner, he abused her in a filthy language and subjected her for both mental and physical cruelty. Hence, the complaint is lodged in the Bangarpet Police Station. Based on the complaint, the police have registered a case against the petitioner for the offences punishable under Sections 498-A, 323, 504, 506, 341 read with Section 34 of IPC, 1860 and Sections 3 and 4 of Dowry Prohibition Act, 1961.

(3.) Learned counsel for the petitioner would contend that a false case is registered against this petitioner and there is a delay of four months in lodging the complaint, though the complainant left the house in the month of October, 2019 itself and the offences alleged against the petitioner is not punishable with death or imprisonment for life. Hence, the petitioner is entitled for anticipatory bail.