Criminal Court converted an anticipatory bail plea into a regular bail order for a public servant accused of 498A IPC and Dowry Prohibition Act offences.
Liberty granted to surrender before Magistrate under Section 44 Cr.P.C and move for regular bail immediately.
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THE HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.10419 of 2014
ORDER:
This Criminal Petition is filed under Section 438 Cr.P.C by petitioner/accused No.1 seeking anticipatory bail in connection with a case in Crime No.41/2014 of Woman Police Station, Chittoor, registered against the petitioner and others for the offences punishable under Sections 498(A) I.P.C and Section 4 of the Dowry Prohibition Act.
2. Heard the Learned Counsel for the Petitioner, the Learned Additional Public Prosecutor for the Respondent-State and perused the material placed on record.
3. This petitioner is the 1st accused, no other than husband of the defacto-complainant who presented the report under the crime for the above offences alleging that the petitioner and other accused used to harass her for the sake of dowry. In fact the petitioner moved for anticipatory bail in Crl.M.P.No.1677 of 2014 and the same was ended in dismissal before the learned VIII Additional District & Sessions Judge, Chittoor.
4. The petitioner herein is public servant and there is every risk of his employment for any delay and retention in judicial custody practically serves no purpose, but for to say while imposing conditions, one of which may be to attend before the police station concerned not only during the investigation for counselling but also during trial. However, taking consideration of the circumstances, instead of dismissing from the petitioner not entitled to the pre-arrest bail, but for regular bail in considering his personal liberty, this application is disposed of, by giving liberty to the petitioner-accused to surrender before the Learned Magistrate concerned to take into custody under Section 44 Cr.P.C by virtue of this order, move before the learned Magistrate for regular bail and with notice to learned Assistant Public Prosecutor concerned and in such an event, the learned Judge/Magistrate shall consider for granting of bail in favour of the petitioner with necessary conditions preferably on the same day if not atleast by the
next day.
5. Accordingly, the criminal petition is disposed of.
__________________________ Dr. B.SIVA SANKARA RAO J, 15th September, 2014 ksh
2 issues framed by the court
Whether the petitioner, a public servant accused of Dowry harassment, is entitled to regular bail instead of anticipatory bail.
Whether it is appropriate to condition bail on surrender to a Magistrate rather than police custody.
4 provisions across 3 enactments
Petitioner/Accused No.1
Respondent-State
B. SIVA SANKARA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
