-Report by Ishika Sehgal

The Andhra Pradesh High Court has granted anticipatory bail to a family accused of demanding dowry and attempting to murder the daughter-in-law, who is the complainant. The family was charged under sections 307 and 498A read with section 34 of the Indian Penal code,1860 and sections 2 and 3 of the Dowry Prohibition Act, 1961. Justice Subba Reddy Satti said that only because the husband (petitioner no. 1) and wife (complainant) had disagreements, the entire family had been brought into the conspiracy.

All of the petitioner’s relatives were involved in the family issues as a result, and they pleaded for anticipatory bail as a result. The bail application was rejected by the Special Assistant Public Prosecutor. He said that the inquiry was ongoing and that section 307 of the IPC applied to the petitioners’ attempted murder of the complainant, disqualifying them from receiving pre-arrest bail.

COMPLAINANT’S CONTENTION:

On May 31, 2016, the petitioner and the complainant were legally wed. The complainant’s parents provided 20 tulas of gold as well as Rs. 5,00,00 in cash as dowry at the time of the marriage. The complainant further claims that right from the day of her marriage, the petitioner, his parents, brothers-in-law, and sisters-in-law began pressuring her for more dowry. The complainant claimed that the petitioners beat her and then attempted to strangle her with a scarf when she fell. She spoke with her uncle about the incident and in March 2022 she filed a report.

PETITIONER’S CONTENTION:

The petitioners argued that they have been wrongly accused of the aforementioned Crime. According to the allegations in the complaint, Sections 3 and 4 of the DP Act and Sections 498-A R/w.34 of the IPC may only be used against the petitioners and not Section 307 of the IPC. The complainant, according to the learned counsel, did not have any medical examinations, and as a result, no wound certificate has been produced that documents her injuries.

DECISION

The Court determines that it is appropriate to grant the petitioners pre-arrest bail in light of the facts and circumstances of the case, as well as the fact that all of the petitioner’s family members are becoming involved in the dispute which is between the petitioner and the complainant. Thus, the criminal petition was approved. The court further stated that the petitioners/accused shall be released on bail under the condition that each of them furnishes a self-bond for Rs. 20,000/- (Rupees twenty thousand only) with two sureties and they will also cooperate with the police.