Criminal Petition under Section 438 Cr.P.C. seeking anticipatory bail in a kidnapping case where the acc user's daughter is missing. Court viewed the child's safety as paramount. Bail denied with liberty to surrender for regular bail.
Anticipatory bail denied; liberty granted to surrender for regular bail.
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THE HON’BLE SRI JUSTICE C. PRAVEEN KUMAR
CRIMINAL PETITION No.963 of 2015
ORDER:
The present application is filed under Section 438 of the Code of the Criminal Procedure (Cr.P.C.), seeking release in the event of the arrest of the petitioner in connection with Crime No.167 of 2014 of Mogalpura Police Station, Hyderabad District, registered for an offence punishable under Section 365 of IPC.
Heard learned counsel for the petitioner and learned Public Prosecutor appearing for the respondent-State.
The father of the victim lodged a report on 21.10.2014 stating that on 20.10.2014, at about 10.00 a.m., his second daughter by name B.Kajal, aged about 20 years, went to Kirana shop and did not return home. His enquiries with neighbours and relatives went in vain. Hence, lodged the present report.
Basing on a report given by the father, the I.O. visited the scene of offence and examined the informant, his blood relatives and recorded their statements. The information about missing of a girl was intimated to the main control room, which was flashed all over the twin cities. But, till date, the victim is not traced.
Learned counsel for the petitioner filed an affidavit of the informant, wherein, she stated that on her free will and consent and without any force from anybody, she married the petitioner, as they both loved each other. He placed on record certain documents and photo showing proof of marriage.
Learned Public Prosecutor on instructions submits that if really the petitioner married the victim, nothing prevented him from approaching the police who will help him in solving the issue.
Learned counsel for the petitioner submits that the petitioner is ready to surrender before the Court.
Having regard to the said circumstances and as the whereabouts of the victim are not known, I am not inclined to grant anticipatory bail to the petitioner.
However, the petitioner is at liberty to surrender before the concerned court and move an application seeking regular bail after giving prior notice to the Public Prosecutor and in which event the concerned Court shall deal with the same, in accordance with law, on the same day or atleast by next day.
With the above direction, the Criminal Petition is disposed of.
As a sequel thereto, Miscellaneous Petitions, if any, pending shall stand closed.
_________________________ JUSTICE C. PRAVEEN KUMAR
18.02.2015 vhb
3 issues framed by the court
Whether anticipatory bail should be granted to an accused charged with kidnapping with respect of his daughter who was reported missing and for whom marriage details were provided.
Whether the petitioner should be permitted to surrender and apply for regular bail while the victim remains missing.
What relief to grant the petitioner in the circumstances where the whereabouts of the missing victim are unknown.
2 provisions across 2 enactments
Petitioner
State
C. Praveen Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
