The single-judge bench dismissed a bail petition filed under Section 438 CrPC by a husband accused of cruelty and offenses under the Dowry Prohibition Act, holding the case involved serious allegations not fit for anticipatory bail.
The Criminal Petition filed under Section 438 CrPC was dismissed; pending miscellaneous petitions were also dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER
CRI MI NAL PETI TI ON No.1 6 9 4 of 2 0 1 9
ORDER :
This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by the petitioner/ A.1, for grant of anticipatory bail in Crime No.36 of 2019 of Women Police Station, Charminar, Hyderabad, registered for the offences punishable under Sections 498-A, 406 and 506 of IPC and Section 6 of Dowry Prohibition Act.
2
complainant. When the de facto complainant joined her marital life, the petitioner/ A.1 being her husband did not participate in physical relationship with her, avoided her and caused mental and physical cruelty to her. There is specific mention about the behaviour of the petitioner/ A.1 to the effect that whenever the de facto complaint used to call him, he never responded her and used to say that the marriage is not to have sex and all. There are allegations of picking up quarrels and beating the de facto complainant by the petitioner/ A.1. There are also other allegations of dowry harassment. Under these circumstances, it is not a fit case to consider this bail petition under Section 438 of Cr.P.C.
Miscellaneous Petitions, if any, pending in this Criminal Petition shall stand dismissed.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ DR. SHAMEEM AKTHER, J
Date: 09.04.2019 ssp
2 issues framed by the court
Whether to grant anticipatory bail to the petitioner accused of dowry and cruelty offences under Section 438 CrPC.
Whether the allegations of cruelty and dowry harassment make the case fit for anticipatory bail.
3 provisions across 3 enactments
Petitioner/A1
State
Shameem Akther
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
