MADIREDDY PUSHPALATHA Vs. STATE OF T.S.

JUDGEMENT

(1.) The petitioners 1 to 4 are A.2 to A.5 among 6 accused viz: M.Pushpalathamother, M.Jagath Reddy-father, M.Raghavender Reddy-brother and P.Swapnasister of A.1 who is husband of defacto-complainant-M.Archana (A.6-PNarasimha Reddy, husband of A.5 shown in the chargesheet as suspected) in C.C.No.358 of 2016 on the file of XIV Metropolitan Magistrate, Cyberabad at L.B.Nagar, Hyderabad outcome of Cr.No.115 of 2016 on the file of Women Police Station, Saroor Nagar, dt.27.05.2016 registered for the offences punishable u/sec. 498-A and 506 IPC and Sections 3 and 4 of the Dowry Prohibition Act(for short, 'the DP Act'), on the report of the defacto-complainant/wife of A.1.

(2.) The averments of the report of the 2nd respondent/defacto-complainant by name Archana in registration of the crime are that she is resident of Plot No.39 & 40, Dwaraka Nilayam, Dwarakanagar, Hasthinapuram and her marriage was performed with A.1-M.V.P.Narayan Reddy on 20.01.2011 as per Hindu rites and customs and at the time of marriage her parents paid Rs.40 lakhs including 10 lakhs as dowry, 40 tulas of gold, adapadachu katnam and 3 lakhs worth plot at Abberpet, and within 15 days from the marriage, she was taken to hospital and given tablets forcibly, to resist pregnancy saying they do not want children and further said that only on the force of his parents, he married her and caused her mental agony and just 3 months after the marriage, her husband-A.1 removed her tali and thrown out from the house during night. Six months thereafter, they went to America where she conceived and while she was carrying 5th month and it was found a baby girl through scanning, they sent her to India from America. After 21 days of her delivery, no one went to see her child and on barasala occasion, though her husband-A.1 came but without informing her he left from there and when she questioned the same, he abused her filthy and further said her father not arranged any party and further said she should come to in-laws house, only with registration of plot and since then in spite of her several requests, he did not talk with her even on phone. However, she managed to get visa to her who is 11th month child and went to USA where one day while she was feeding her child, the A.1 took the child and kicked her on her chest. Then she came back to India to her in-laws house where all the petitioners threatened her with dire consequences including to kill her. Hence to take action.

(3.) The police after registering the complaint as the crime supra, during investigation, examined L.Ws.1 to 12 viz: L.W.1-the defacto-complainant, her mother as L.W.2, the baby of the defacto-complainant aged 31/2 years as L.W.3, her father as L.W.4, paternal uncle as L.W.5, maternal uncle as L.W.6, circumstantial witnesses as L.W.7 to 10 and Inspector of Police as L.W.11 and S.I. of Police as L.W.12 and after completion of investigation, filed chargesheet. So far as involvement of the A.6 not established, the same was informed to the defactocomplainant through 173(2)(ii) CrPC notice which she acknowledged. L.W.12 issued notices u/sec.41(A) CrPC to A.2 to A.5 and received responses and making efforts to trace A.1. In the chargesheet, besides the above facts, it further discloses that the A.1 used to beat her frequently and forcibly made her to consume sleeping pills and sent her to India where she stayed with her parents. A.1 purchased a flat to which place the petitioners used to come and harass her due to which she went to her parents house. Then A.2 to A.4 locked the flat and when she questioned the same, the A.2 to A.5 abused and beat her and A.4 beat her daughter and threatened to kill her. Then her father and uncle came there and took away her to their house. A.1 did not pay loan instalments and when asked, he did not respond even to bank authorities. On 02.04.2016 a panchayat was held at Eedulakanti Ramreddy Gardens, Sagar Ring Road in which her parents, maternal uncles Krishna Reddy, Panduranga Reddy, Srinivas Reddy, the marriage mediator Yadagiri Reddy, elder person Janga Reddy, Sudhakar Reddy, K.Narsimha Reddy, elder paternal uncle Pratap Reddy, younger paternal uncle Sathi Reddy attended on her side and her-in-laws, younger brother-in-law, sister-in-law, her husband, maternal uncle of her husband and others were attended on his side and Amrutha Reddy and Sudhakar Reddy attended as the mediators for both the sides, wherein, A.1 refused to take her and A.3 supported him and talked awkwardly and when she begged them A.3 gave one month time to think and lodged a complaint at P.S. L.B.Nagar, stating that there is life threat to him by L.W.1 and even earlier panchaayts were also not fruitful. Showing the A.1 in abscondence, sought the Court to issue summons to A.2 to A.5 the petitioners herein.