This single-paragraph order dismisses a Criminal Petition seeking anticipatory bail. The court held that the petitioner, alleged to have interfered with the complainant's marital life through telephonic calls, is not entitled to bail under Section 438 Cr.P.C.
Criminal Petition dismissed; Anticipatory Bail denied.
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THE HON'BLE DR. JUSTICE SHAMEEM AKTHER CRIMINAL PETITION No.4399 OF 2017
ORDER:
Heard learned counsel for the petitioner/accused, learned Additional Public Prosecutor for the respondent State and perused the record.
This petition is filed under Section 438 Cr.P.C. to grant anticipatory bail to the petitioner/accused in Crime No.222 of 2017 of Shamshabad Police Station, Cyberabad for the offences punishable under Sections 509, 366 (A) read with Section 511 IPC.
Learned counsel for the petitioner would submit that the petitioner is an innocent person, falsely implicated in this case and there are no ingredients of Section 509, 366-A r/w 522 IPC.
Learned Additional Public Prosecutor opposed the grant of bail to the petitioner.
The material on record reveals that the defacto complainant is 18 years old and she fell in love with petitioner/ accused. Thereafter her parents performed her marriage with one Katravath Raju. Even then, the petitioner/ accused making telephonic calls to her every day and it came to the notice of her husband. Thereupon, her husband left her at her parents house. Since the petitioner/ accused is alleged to have interfered with the marital life of the defacto complainant by making the alleged telephonic calls, the petitioner/ accused is not entitled to anticipatory bail under Section 438 Cr.P.C.
Therefore, the Criminal Petition is dismissed.
____________________________ Dr. SHAMEEM AKTHER, J
07.12.2017 knl
THE HON'BLE DR. JUSTICE SHAMEEM AKTHER
CRIMINAL PETITION No.4399 OF 2017
Date:07.12.2017
knl
3
2 issues framed by the court
Whether anticipatory bail under Section 438 Cr.P.C. should be granted to the accused accused of interfering in marital life via telephonic calls.
Whether the material on record indicates that the petitioner is not entitled to anticipatory bail due to interference with marital life.
2 provisions across 2 enactments
Petitioner/Accused
Respondent State
Dr. Shameem Akther
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
