Andhra Pradesh High Court - Amravati
Garapati Suribabu vs The State Of Andhra Pradesh on 4 February, 2022
Author: D Ramesh
Bench: D Ramesh
u ey IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI Ye FRIDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY TWO :PRESENT: -- THE HONOURABLE SRI JUSTICE D RAMESH CRIMINAL PETITION NO: 493 OF 2022 Between: 1. Garapati Suribabu, S/o Tatarao, Hindu, aged about 34 years, Occ. Daily wage labour, R/o NTR Colony, Tatiparthi village, Gollaprolu Mandal, East Godavari District. 2. Budamkayala Surya Prakash alias Prakash, S/o late Tata Rao, aged about 27 years, Occ. Mason, R/o Alluri Sitharama Raju street, Pothuluru, Prathipadu Mandal, East Godavari District. veees Petitioner/Accused No.1 & 2 AND The State of Andhra Pradesh, Through Gollaprolu Police Station, East Godavari District, Represented by Public Prosecutor, High Court of Andhra Pradesh, Amaravati. .... Respondent Petition under Section 437 of Cr.P.C, praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioners on bail in Crime No. 197 of 2021 pending on the file of Gollaproiu Police Station, East Godavari District. The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri A K KISHORE REDDY . Advocate for the Petitioner and PUBLIC PROSECUTOR Advocate for the Respondent the Court made the following. ORDER
THE HONOURABLE SRI JUSTICE D.RAMESH CRIMINAL PETITION NO.493 of 2022 ORDER:-
This petition is filed under Sections 437 and 439 of Code of the Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking regular bail to the petitioners/Al and A2 in connection with Crime No.197/2021 of Gollaprole Police Station, East Godavari District, wherein the petitioners are alleged to have committed the offences punishable under Section 302, 201, 506(2) r/w 34 of IPC.
2. The case of prosecution is that the brother (herein after to be referred to as deceased) of Al while making construction of his house when a window is projected towards the house of Al, that was objected, however the brother of Al did not stop the construction and therefore on 21.11.2021 a small dispute had arisen between Al and the deceased and after the dispute both parties left the place and on 22.11.201 afternoon at 2pm when the deceased was going on a motorcycle the petitioners have stopped the deceased and there was an altercation between them and the Al beat the deceased with a stick and A2 also beat the deceased. Deceased fell down on to drainage. Al and A2 left the place and thereafter wife of deceased came there and shifted the deceased to the nearby Government where the Doctor declared the deceased as brought dead. Basing on the report of the wife of the deceased, present crime was registered.
3. Heard learned counsel for the petitioners and learned Assistant Public Prosecutor for the respondent-State. |
4. Learned counsel for petitioners submit that petitioners are falsely implicated in the case, they are innocent. In fact there is a dispute about the construction of the window towards the house of Al which was objected and therefore an altercation took place. The petitioners had no intention to commit an offence punishable under section 302 IPC. The complainant had stated before the Doctor that the deceased fell down from the top of the building and got injured. When this being the situation, the question of registering the crime under the aforesaid sections does not arise. He further submits that previously the petitioners had filed a Crl.M.P.No.7510 of 2021 for bail and the same was dismissed on 31.12.2021. Subsequently, the .
petitioners have surrendered before the Court below and the petitioners and the deceased are brothers and they are inter-related.
5. Learned Assistant Public Prosecutor submitted that the charge sheet has been filed in the Court below.
6. Taking into consideration the fact that the petitioners are inter- related and they themselves surrendered before the Court below and also charge sheet is filed in this case, this court deems it appropriate to grant bail to the petitioners.
7. Accordingly, the Criminal Petition is allowed. The petitioners/ Al and A2 shall be enlarged on bail in connection with Crime No.197/2021 of Gollaprole Police Station, East Godavari District, on their executing self bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties each for a like sum each to the satisfaction of the learned Judicial First Class Magistrate, Pithapuram, East Godavari District.
Consequently, miscellaneous applications pending, if any, shall stand closed.
Sd/-T. Madhavi IITRUE COPY// ASSISTANT REGK To, SECTION OFFICER The Xil Additional Sessions Judge, Pithapuram, East Godavari District. The Station House Officer, Gollaprolu Police Station, East Godavari District. One CC to SRI. AK KISHORE REDDY Advocate [OPUC] Two CC's to Public Prosecutor, High Court of AP, Amaravati[OUT] One spare copy aAkwWN > J spssetanaeeypanaiyaeioncrmrnn soo cust wo. spo eeinsmcecrmrananieaiomemnem isdn iter estan nsceteenss a 2 ts temo HIGH COURT DRJ DATED:04/02/2022 ORDER CRLP.No.493 of 2022 ALLOWED