HASHIM ALI SAYYED Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This criminal petition under Sec. 438 of Cr.P.C is filed by the petitioners/A1 and A3 apprehending arrest in Crime No.166 of 2021 of Samalkot Police Station, East Godavari District, registered for the offences punishable under Ss. 498A, 323, 448 IPC and under Ss. 3(4)(r), 3(1){s) of SC ST POA Act.

(2.) The accusation made against the petitioners is that they being the husband and mother-in-law of de facto complainant, have harassed her and subjected her to cruelty both physically and mentally, that the accused No.2 who is having illicit relationship with 1- petitioner, criminally trespassed into the house of complainant and abused her in the name of her caste and caught tuft of her hair and beat her with hands. Basing on the report of complainant, the present crime was registered.

(3.) Heard learned counsel appearing for the petitioners and learned Additional Public Prosecutor appearing for the respondent-State. 4, Learned counsel for the petitioners submits that the allegations made against the petitioners do not attract the offences mentioned in the F.i.R. and the petitioners are falsely implicated in the present crime with a view to harass them and the 1* petitioner never had any illicit relationship with accused No.2. The alleged abuse was not made by the petitioners herein. The 2 petitioner is an old lady and having various ailments. Hence their case may be considered for grant of pre-arrest bail. 5. Learned Addl. Public Prosecutor appearing for the respondent- State opposed the petition. 6. As seen from the contents of the F.I.R., the allegations regarding alleged abuse, criminal trespass and hurt are made only against the accused No.2, but not against the petitioners. More over, taking into consideration of the age of the 2- petitioner, who is A-3, this Court is inclined to grant anticipatory bail to the petitioners on certain conditions. 7. Accordingly, the Criminal Petition is allowed and the petitioners are directed to surrender themselves before the concerned Magistrate having jurisdiction, on or before 25/10/2021 and on such surrender, they shall be released on bail on their executing a personal bond for a sum of Rs.10,000.00 (Rupees ten thousand only) each with two sureties for a like sum each to the satisfaction of the learned Magistrate and on further condition that they shall cooperate with the police at the time of investigation. Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// for ASSISTANT REGISTRAR To ici i i East Godavari District.