Dismissed

K.Vijaya Kumar S/o.Yellaiah v. The State of Telangana

Telangana HC19 Dec 2014CRLP/15405/2014

Case brief

AI extract

What is this about?

The single-judge bench rejected the plea for anticipatory bail filed by a Jail Wardon accused of dowry harassment and attempted murder. The court noted discrepancies in injury reports and the petitioner's high-level employment, concluding he was impractical to harass for dowry. Bail was denied with directions to surrender for regular bail elsewhere.

What did the court decide?

Application for anticipatory bail dismissed with directions to surrender and move for regular bail.

K.Vijaya Kumar S/o.Yellaiah Vs The State of Telangana — Domestic Violence | Telangana HC (2014)

¶1

THE HON’BLE SRI JUSTICE C. PRAVEEN KUMAR

¶2

CRIMINAL PETITION No.15405 of 2014

¶3

ORDER:

¶4

The petitioner, who is A1, filed the present application under Section 438 Cr.P.C., seeking release in the event of his arrest in connection with Crime No.156 of 2014 of Women Police Station, Warangal Urban, Warangal District, which was registered against the petitioner and others for the offences punishable under Sections 498(A), 307 of IPC and Sections 3&4 of the Dowry Prohibition Act.

¶5

The case of the prosecution is that the marriage of the informant with A1 took place on 19.06.2011. Both of them lived together at Visakhapatnam. After the petitioner was transferred to Warangal Central Prison on duty, the accused are alleged to have started harassing the informant to get additional dowry of Rs.5 lakhs, as they were not satisfied with the amount given by the parents of the informant, at the time of marriage. It is alleged that the accused did not change their attitude of harassing the informant, inspite of bringing the same before the village elders. The accused are also alleged to have threatened the informant to kill her. On 29.10.2014, at about 03.30 p.m., A1 is alleged to have picked up a quarrel with the informant and in the said quarrel, A1 stabbed the informant on the backside of her shoulder. Basing on the above allegations, the present case came to be registered.

¶6

Heard learned counsel for the petitioner and learned Public Prosecutor appearing for the respondent-State.

¶7

Learned counsel for the petitioner submits that a false case was foisted against the petitioner and the allegations are invented for the purpose of this case. According to him, the petitioner is a Government employee and it is highly improbable to believe that he would have harassed the informant to get additional dowry. Learned Public Prosecutor opposed the application contending that if the petitioner is granted

¶8

anticipatory bail, there is every likelihood of he tampering with the evidence and evading the process of law. As seen from the report, the petitioner is working as Jail Wardon in Central Prison, Warangal. The X-Ray taken in the hospital does not show any factual injury to the informant and at the same time, the doctors noticed a no swelling or cryptic injuries. However, the wound certificate discloses a stabbed injury on right scapular and saturated wound over right scapular parts.

¶9

In view of the above, I am not inclined to grant anticipatory bail to the petitioner. However, the petitioner, if so advised, shall surrender before the concerned Court and move for regular bail before the appropriate Court after giving notice to the learned Public Prosecutor concerned, in which event, the Court shall deal with it on the same day, having regard to the circumstances of the case.

¶10

Accordingly, the criminal petition is disposed of.

¶11

As a sequel thereto, Miscellaneous Petitions, if any, pending shall stand closed.

¶12

_________________________ JUSTICE C. PRAVEEN KUMAR

¶13

19.12.2014 vhb

K.Vijaya Kumar S/o.Yellaiah v. The State of Telangana

Case brief

What is this about?

What did the court decide?

K.Vijaya Kumar S/o.Yellaiah v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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