Telangana High Court
CRLP/12864/2010 of RAM AVATAR GUPTA AND ANOTHER Vs THE STATE OF AP REP BY ITS PP HYD. on 30 December 2010
SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.12864 OF 2010 ORDER: No doubt, registration of FIR is not condition precedent for entertaining anticipatory bail application. But, at the same time, apprehension in the mind of the petitioners about their imminent arrest in a case
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Conclusion
THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU
CRIMINAL PETITION NO.12864 OF 2010
ORDER:
No doubt, registration of FIR is not condition precedent forentertaining anticipatory bail application. But, at the same time,apprehension in the mind of the petitioners about their imminentarrest in a case for a non-bailable offence must be a real one. Due to incompatibility between the couple, the husband filedpetition in Vijayawada Court for annulment of marriage or in thealternative for dissolution of the marriage. But that itself cannotlead to an apprehension that the bride’s people are going to launchany criminal prosecution against the petitioners for any offenceunder Section 498-A IPC or any other non-bailable offence.
In the absence of real basis for apprehension of thepetitioners, this petition for anticipatory bail under Section 438Cr.P.C cannot be entertained.
In the result, the criminal petition is dismissed. Thepetitioners are at liberty to renew their application for anticipatorybail as and when any real information about registration of a casefor any non-bailable offence is made against them.
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SAMUDRALA GOVINDARAJULU,J