Dismissed

Kadiri Sridevi , Pujala Sridevi, v. The State of Andhra Pradesh

Telangana HC4 Apr 2017CRLP/2583/2017

Case brief

AI extract

What is this about?

In this bail application, the High Court denied the petitioner, identified as the sister-in-law of the complaining party, an order for pre-arrest bail under Section 498-A IPC and sections 3 and 4 of the Dowry Prohibition Act. The court held that the petitioner was culpable for the complainant's suicide caused by dowry demands and expressed apprehension of the petitioner fleeing trial.

What did the court decide?

Twit pre-arrest bail rejected.

Kadiri Sridevi , Pujala Sridevi, Vs The State of Andhra… — Dowry and Cruelty | Telangana HC (2017)

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HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY

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CRL.P.No.2583 OF 2017

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ORDER:

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This criminal petition is filed under Section 438 of Cr.P.C to enlarge the petitioner/A4 on bail in the event of her arrest in connection with Crime No.12 of 2017 of G.R.Palli Police Station, Sambepalli Mandal, Y.S.R District, registered for the offences punishable under Sections 498-A of IPC and 3 and 4 of the Dowry Prohibition Act, 1961.

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The petitioner is no other than the sister of the husband of the de facto complainant, whose marriage was performed with A1 about two years prior to the incident. The de facto complainant lodged complaint alleging that at the time of her marriage, her parents’ paid Rs.6 lakhs cash and presented 35 tulas gold and other valuables. For some time, they lived together happily. Thereafter, when she was subjected to cruelty by her husband and in-laws, a panchayat was held and in the said panchayat, the elders decided to set up separate family at Hyderabad. Thereupon, the de facto complainant and her husband lived for some time at Hyderabad. Even during stay at Hyderabad, A1 used to harass her demanding additional dowry and asked her to go and live with his parents. There also they subjected her to severe cruelty including petitioner for failure to meet their illegal demands. On account of unbearable cruelty meted out to her, she poured kerosene on herself and set fire to her body. Therefore, the petitioner and others subjected the de facto complainant to cruelty drove her to commit suicide.

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The contention of the learned counsel for the petitioner is that the petitioner is residing separately after her marriage at Rayachoti and is no way concerned with the offence.

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Learned Additional Public Prosecutor would contend that there is a specific allegation against the petitioner to attract the offence punishable under Section 498-A of IPC.

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It is evident from the material on record that the petitioner along with others subjected the de facto complainant to cruelty for her failure to meet their illegal demand and she was necked out from her in-laws’ house and on account of such unbearable harassment, she poured kerosene on her body and set fire herself, and she raised hue and cry. On hearing her cries, she was rescued. Moreover, the act of droving her to commit suicide by the petitioner and others would fall within the definition of cruelty and explanation to Section 498-A(a) of IPC. Therefore, I find no ground to grant pre-arrest bail to the petitioner. Because there is every possibility of fleeing away from the bail and the same cannot be ruled out.

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Accordingly, the criminal petition is dismissed.

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Pending miscellaneous petitions in the petition, if any, shall

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stands closed.

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__________________________________ M.SATYANARAYANA MURTHY,J

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04.04.2017 kvrm

Kadiri Sridevi , Pujala Sridevi, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Kadiri Sridevi , Pujala Sridevi, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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