SHAIK MAHABOOB SUBHANI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Criminal Petition, under Sec. 438 Cr.P.C. has been filed by the petitioner/Accused No.1 in Crime No.64 of 2022 of Disha UPS, Nellore, registered for the offences punishable under Ss. 498-A 313, 342, 307 r/w 34 of the Indian Penal Code, 1860 and 3 and 4 of the Dowry Prohibition Act.

(2.) Brief facts of the case are that, the de facto complainant is working as Woman Police Constable at Santhapet Police Station, Nellore and A1/the petitioner herein who is her husband is working as Sub-Inspector of Police in the same police station at relevant point of time. The petitioner/accused deceived the de facto complainant with his sweet words under the pretext of love and enjoyed her sexually. When the de facto complainant asked him to marry her, he refused. On reporting the matter to the higher-ups by the de facto complainant, the accused, to circumvent from being punished for the offence under Sec. 376 IPC, married her on 26/8/2020 in a temple. Both the de facto complainant and A1 while living together in a rented house in Podalakur Road Center, Nellore, she conceived in the month of February, 2021. The petitioner then forced her to go for abortion but she refused. Thereby on 4/3/2021, the petitioner beat her and also forcibly had sex with her, with a view to get abortion. On 16.3.20221, it is alleged that the petitioner quarelled with her as she did not go for abortion and gave punch in her stomach with his right hand, thereby she suffered stomach pain and started bleeding. On 17/3/2021, she was examined by the doctor and got scanned and it revealed that she got missed abortion and doctors advised her to take rest. Again she was forced to go for abortion on 18/3/2021, but she refused. It is alleged that on 21/3/2021 again the petitioner raised dispute and threatened that by any means he will see that her pregnancy is terminated and on the same night he again fisted in her stomach and also beat her several times. She fell down and felt uneasy in her stomach and bleeding started. The petitioner threatened her that if she reveals that he beat her, he would foist false case against her father and sister and would send them to jail. On 22/3/2021, she underwent Scanning at Ramachandra Reddy Hospital. In the scanning, it was found that she had missed abortion. The fetus was not having heartbeat. She was informed by the doctors that she cannot conceive and gave some tablets advising her to admit in the hospital. She joined in the hospital on 23/3/2021. On 15/7/2022, the mother-in-law of the de facto complainant came to her house. On 11/8/2022 Jarida and Shabeena the sisters of A1 also came to her house and from 13/8/2022 they all started saying to give divorce as there is an offer of Rs.50,00,000.00 towards dowry for the petitioner/A1. They used to demand her to bring Rs.20,00,000.00 so as to allow her to continue as wife of A1. In fact, at the time of marriage, she gave Rs.3,00,000.00 to A1. A1 also took Rs.1,00,000.00 when his father was suffering from Covid- 19. A1 never spent a rupee for her after the marriage and on the other hand she used to lead marital life from 30/7/2022 with her own salary. On 2/9/2022, A1 by raising quarrel, caught hold of tuft and tried to hit her head against a wall, but she escaped by keeping her hands against the wall. On 9/9/2022 the petitioner/A1 gave a fist blow with a view to kill her. A1 and her mother-in-law locked her in the house and then she gave ring to officers and dialed 100. A1 said to have stated on 12/9/2022 that he would not lead conjugal life with her and he is deserting her and that she may go for any case and that he is going on sick leave, hence no police can do anything. Her husband and her mother-in-law left the village on 13/9/2022 and they are not responding to her phone call. Hence the report.

(3.) Learned counsel for the petitioner/A1 contended that even accepting the entire allegations against the petitioner, no offence alleged is made out against him. The reason for filing this case is that the petitioner filed a petition for divorce under Sec. 27(1)(d) of the Special Marriage Act on the ground of cruelty before the Family Court, Nellore on 21/9/2022. Thus, on coming to know of filing of the said case, the de facto complainant resorted in filing the present complaint on 28/9/2022. He also submitted that if the accusation that the petitioner has been demanding and threatening the de facto complainant to go for abortion and also if he had beat her on 16/3/2021 and caused bleeding, which resulted in abortion, he would not have gone for a legally valid marriage on 2/9/2021 under the Special Marriage Act, since the earlier marriage on 26/8/2020 was in a temple and it is not valid one. It is contended that if there was harassment even from the month of March, 2021, the de facto complainant would not have kept silent without giving report immediately. This present report given to the police is after a long lapse of time and as such it can be inferred that as counterblast to the divorce petition filed by the petitioner, she resorted to give report at belated stage. It is contended that if the petitioner is arrested and remanded to the judicial custody he will loose his job. Hence, the learned counsel for the petitioner prays that the anticipatory bail may be granted to the petitioner.