LAWS(APH)-2019-9-2

A G KRISHNA Vs. STATE OF AP

Decided On September 06, 2019
A G Krishna Appellant
V/S
State Of Ap Respondents

JUDGEMENT

(1.) In this petition filed under Section 438 Cr.P.C., the petitioners/A1 & A2 seek anticipatory bail in Cr.No.133/2019 of S.Kota Police Station, Vizianagaram District, registered for the offences under Sections 304-B & 498A r/w 34 IPC.

(2.) A1 is the husband of deceased and A2 is the mother of A1. Crime is registered on the complaint of the mother of the deceased. The allegations in brief are that the deceased studied B.Tech. and was working in Infosys company at Hyderabad. The marriage between A1 and deceased was held on 17.04.2019 at Kukatpally as per caste custom. The complainant paid Rs.10.00 lakhs as dowry and other paraphernalia on the demand of A1 & A2. On the nuptial night, it revealed that A1 was impotent. Since one week after marriage A1 & A2 were harassing the deceased physically and mentally for additional dowry and she was informing to complainant by phone by weeping. About one month prior to the complaint, the deceased informed her that she was unable to bear their tortures and she was apprehending that she would be killed by them if she stayed there. Ultimately, the complainant brought the deceased to S.Kota and lodged a report in Cr.No.117/2019. On knowing the same, A1 was threatening the deceased that he had with him some photos of the deceased and her boy friend and he would send them if she failed to give additional dowry of Rs.20.00 lakhs. He also threatened that he would file a case against the deceased, complainant and their elders. On 18.06.2019, the deceased received a phone call from Hyderabad that A1 filed a complaint against all of them and asked her to come to Hyderabad and sign on the divorce papers. Whileso, on 19.06.2019 while the complainant was in her office, she received a phone call from her sister-in-law that the deceased committed suicide by hanging to a fan rod in the upstair room of their house. Hence, the complaint. Investigation is reported pending.

(3.) Denying the complaint allegations as false, learned counsel for the petitioners argued that the deceased previously married one Chitukula Sandeep on 18.11.2018 and suppressing the same she married A1 on 18.04.2019. Even after marriage she continued her relationship with her first husband and A1 came to know about her affair on 07.05.2019 and he questioned her and the complainant about the fraud committed by them. The complainant requested the accused not to be wild and she would come to Hyderabad and pacify the situation. In the meanwhile, on 18.05.2019 the deceased went away from Hyderabad taking away valuable articles of A1. So, he lodged a complaint in KPHB Police Station and later a private complaint is also lodged which was forwarded to police by the learned X Additional Metropolitan Magistrate, Kukatpally and the same was registered as case in Cr.No.388/2019 for the offences under Sections 379, 420, 495 & 506 IPC. As a counterblast a false complaint was lodged with S.Kota Police Station by the complainant and deceased in Cr.No.117/2019. The petitioners filed Crl.P.No.3485/2019 in the High Court to quash the proceedings, wherein stay of arrest was granted. While so, A1 preferred divorce application in F.C.O.P. No.463/2019 in the Kukatpally Court on 14.06.2019. Apprehending that her fraudulent acts would be publicised, the deceased might have committed suicide. Learned counsel vehemently argued that the petitioners are innocent and they have not committed any offence and the death was occurred at the parental home of the deceased, but not at the matrimonial home. He would further argue that the offence under Section 304-B IPC does not attract because there is no plausible material to show that soon before her death, the petitioners harassed her for any additional dowry or other valuable articles. Learned counsel would further submit that the photos produced along with the bail application would reveal that the deceased was having relationship with another man prior to her marriage with A1.