This judgment is a single-paragraph order wherein Justice R. Kantha Rao dismissed a criminal petition under Section 438 CrPC seeking anticipatory bail for the accused in a matrimonial dispute involving allegations of assault and harassment.
The criminal petition seeking anticipatory bail was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HONOURABLE SRI JUSTICE R. KANTHA RAO CRIMINAL PETITION No.14753 of 2013
ORDER:
This criminal petition is filed by the petitioner-Accused No.1 under Section 438 of the Criminal Procedure Code seeking anticipatory bail in Crime No.92 of 2013 of Mahila Police Station, Kurnool, Kurnool District, registered for the offence punishable under Sections 498-A, 307, 406 and 506 read with 34 of IPC.
2. Heard the learned counsel appearing for the petitionerAccused No.1 and the learned Additional Public Prosecutor representing the respondent-state.
3. It is alleged in the First Information Report that the petitioner and A2 have been harassing the de facto complainant and on 18.11.2013 at about 11.00 p.m., A1 and A2 assaulted the de facto complainant and her children by squeezing their necks and the de facto complainant escaped from the clutches of A1 and A2 by causing injuries with nails and beating the petitioner-A1.
4. In view of the specific allegations made against the petitioner, I am of the view that the petitioner is not entitled for anticipatory bail. Hence, the Criminal Petition is dismissed.
R. KANTHA RAO, J.
17th December 2013, Rns
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC given specific allegations of assault and harassment?
Whether the allegations in the FIR warrant a denial of anticipatory bail?
1 provisions across 1 enactments
Petitioner-Accused No.1
State
R. KANTHA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
