Single judge upheld dismissal of Criminal Petition seeking anticipatory bail under Section 438 Cr.P.C. Freedom denied due to non-cooperation with investigation and failure to respond to summons.
Criminal petition for anticipatory bail dismissed; miscellaneous applications also dismissed.
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THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY
CRIMINAL PETITION NO.2783 OF 2017
ORDER :
This Criminal Petition under Sections 438 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’), is filed to enlarge the petitioners/ A-2 to A-5 on pre-arrest bail since they are apprehending arrest in connection with Crime No.57 of 2016 of Gadwal Town Police Station, Mahboobnagar District.
One J. Shailaja wife of Narasimha Reddy Kothapally lodged a complaint with the police alleging that her husband Narasimha Reddy Kothapally and his relatives A-2 to A-5 subjected her to cruelty for her failure to meet the demand for payment of dowry of Rs.5 lakhs and pressurised the de facto complainant to get the property registered in the name of her husband.
Based on this allegation, the counsel for the petitioners contended that there are no specific allegations against these petitioners and thereby they are entitled to claim pre-arrest bail being the junior paternal uncle and junior paternal aunt, sister and brother-in-law of A-1.
On the other hand, the learned Public Prosecutor for the State of Telangana contended that these petitioners are not co-operating for completion of investigation and though a notice under Section 41-A was issued, the petitioners did not respond to the notice and co-operate for completion of investigation.
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When the petitioners are not co-operating for investigation,
they are disentitle to claim pre-arrest bail which is purely discretion of the Court.
Therefore, the criminal petition is dismissed.
Consequently, miscellaneous applications pending if any, shall also stand dismissed.
____________________________________ JUSTICE M. SATYANARAYANA MURTHY
Date:11.04.2017 ccm
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THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY
CRIMINAL PETITION NO.2783 OF 2017
Date:11.04.2017
ccm
1 issue framed by the court
Whether petitioners are entitled to anticipatory bail when they failed to respond to Section 41-A notices for investigation.
1 provisions across 1 enactments
Unnamed Petitioners
Telangana
M. SATYANARAYANA MURTHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
