Disposed

Bonala Rajamani v. State of Telangana

Telangana HC17 Sept 2020CRLP/4001/2020

Case brief

AI extract

What is this about?

The High Court disposed of a PIL petition challenging proceedings under Sections 498-A and 506 IPC and the Dowry Prohibition Act. Instead of quashing the criminal case, the Court directed adherence to Section 41-A Cr.P.C. and Arnesh Kumar guidelines, staying arrests till investigation concludes.

What did the court decide?

Directed police not to arrest petitioners; mandated adherence to Section 41-A Cr.P.C. and Arnesh Kumar guidelines; case not quashed.

Bonala Rajamani Vs State of Telangana — Dowry and Cruelty | Telangana HC (2020)

¶1

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

¶2

THURSDAY ,THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY

¶3

PRESENT

¶4

THE HONOURABLE SRI JUSTICE K. LAKSHMAN

¶5

CRIMINAL PETITION NO: 4001 OF 2020

¶6

Between:

¶7

1 . Bonala Rajamani, W/o Late Gopala Swamy, aged 65 Years, R/o D.No.2-10-316, Jyothi Nagar, Karimnagar.

¶8

Kandukuru Syamala, W/o Kandukuru Srinivas, aged 40 years, R/o D.No.5-6-100/1 , Krishna Nagar, NTPC, Jyothi Nagar, Ramagundam, Peddapalli District.

¶9

Bonala Satyanarayana, S/o Late Gopala Swamy, aged 42 Years, R/o D.No.9-6-92, Ramnagar, Karimnagar.

¶10

B.Srinivas, S/0 Late Gopala Swamy, aged 30 Years, R/o D.No.15-50/126/302, Ameenpur Municipality, Sanga Reddy District.

¶11

...PETITIONER/ACCUSED 2 to 5

¶12

AND

¶13

State of Telangana, Through Station House Officer, Women Police Station - 1, Warangal Commissionrate, Rep. by Public Prosecutor, High Court for the State of Telangana, Hyderabad.

¶14

Jupaka Pravallika, W/o B. Anjaneyulu, aged 30 years, R/o D.No.4-50l1, Hanumakonda, LIC Colony, Bhimaram, Waranqal District.

¶15

...RESPONDENT/COMPLAINANTS

¶16

Pctition undcr Scction^.182 of Cr.P.C pral,ing that in the circumstanccs statcd in the Ntemorandunr of Grounds of Criminal Pctition, thc lligh Court ma1, bc plcascd to quash thc proceedings in Crimc No. 63 of 2020 dt, 14- 07 -2020 on the file of WPS-I, Warangal Commiss ion erate,

¶17

l.A. NO: 2OF 2020

¶18

Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings, including arrest of the Petitioners in Crime No. 63 of 2020 dl. 14- 07-2020 on the file of WPS-1, Warangal Commissionerate.

¶19

This Petition coming on for hearing, upon perusing the [,4emorandum of Grounds of criminal Petition and upon hearing the arguments of sri K s Murthy ,Advocate for the Petitioner and the^{public prosecutor} on behalf of the Respondent No.'1 .

¶20

The Court made the following: ORDER

¶21

TI'IE' HON,BLE JUSTICE K.LAKSHM I\II

¶22

CIiIIMINAL PETITION No.4OO1 of 2O:2o

¶23

QBDEB:

¶24

This CrrrLinal Petrtion, under Section 482 or'tlr.P.C., is filed to quash the proceedings in Crime No.6ll ol 2O2O of WPS- 1, Wari,,nqal Commissionerate. The petitirrrcrs herein are the acclrst:d in the said crime. The olfences alleged against the pe titioners/A2 to A5 are under Sec tjons 498-A, 506, IPC reacl v,,ith Sections 3 and 4 of the Dou,rv Prohibition Act

¶25

Sri K.S.Murthy, learned counsel for the pr:titioners/A2 to A5, woulrl submit that the marriage betrveen the 2n(l respondent ancl A1 rvas performed on 22.O2.2O14. A1 has filed an application under Section 9 of the Hind,-r Marriage Act, vide FC O.P.No.137 of 201B for restitution of conjugal rights. The 2na respondent also filed applicatrc,n under Section 125 of Cr.P.C. for monthly maintenance .^-'here are disputes betu,een A I and the 2,xl respondent.

¶26

Tl-re plrrrr:;hment for the offences allegeci^{trg,rrinst the} petitioners is scvcn -veaLrs and belou'seven^{years.(lorlsidering} the saicl lact rrnd also the fact that the^{petitior-rt'r s hereinare} mother, sistcl ztnd brothers of A1^{and also the l'act that the} punishment f,.rr a1l the olfences alleged^{against the p:titioners} are seven years and below seven^{years, this criminal petition} is disposed of directing WPS-1,^{Warangal Commissjonerate,to} follow the mantlatory^{procedure contemplateduncler Section}

¶27

¶28

41-A of Cr.P.C. and also the guidelines issued b1' the Hon'ble

¶29

Apex Court in ARNESH KUMAR vs. STATE OF BIHAR AND

¶30

ANOTHERI. In the meanr,r,hile, the police are directed not to arrest the petitioners/A2 to A5 till completion of investigation and liling of charge sheet.

¶31

Miscellaneous petitions, if any, pending in this criminal

¶32

petition, shall stand closed.

¶33

Sd/- I. NAGALAKSHMI, ASSISTANT REGISTRAR

¶34

//TRUE COPY//

¶35

.t.

¶36

SECTION OFFICER