Andhra Pradesh High Court - Amravati
Chandana Venkateswara Rao vs Chandana Venkateswara Rao on 7 February, 2022
Author: D.Ramesh
Bench: D.Ramesh
THE HONOURABLE SRI JUSTICE D.RAMESH
CRIMINAL PETITION No.551 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 petitioner/Accused in connection with Crime No.262 of 2021 of Koduru Police Station, Krishna District, wherein the petitioner is alleged to has committed the offence punishable under Section 302 of the Indian Penal Code, 1860 (for short "IPC").
2. The petitioner is the sole accused. The case of the prosecution is that on 14.10.2021 at about 7.45 a.m., the deceased Hari Krishna went to the fields to graze the cattle, the petitioner/accused, keeping in view of the previous disputes between the families of the petitioner and the deceased, attacked on the deceased with a knife and hacked the deceased indiscriminately. Due to the injuries caused by the petitioner, the deceased fell on the ground. Then, on seeing the father of the deceased i.e., the complainant, the petitioner escaped from the said place and immediately the deceased was shifted to hospital at Avanigadda. On examination by the Doctor, the deceased was declared brought dead. Based on the complaint given by the father of the deceased, the police authorities have registered Crime No.262 of 2021 under Section 302 of IPC on 14.10.2021 and conducted investigation and completed the 2 investigation and filed preliminary charge sheet. The petitioner was arrested on 19.10.2021 and as of now he has undergone more than 110 days of judicial custody.
3. The learned counsel for the petitioner has submitted that there is no intention to kill the deceased person and there is no motive to commit the offence. It is only sudden provocation and the investigation is completed and charge sheet is also filed. Hence, the case of the petitioner may be considered for grant of bail.
4. Learned Assistant Public Prosecutor appearing on behalf of the State has submitted that though investigation is completed, still there is no congenial atmosphere in the village. If the petitioner is released on bail and he enters into the village, there would be law and order problem and threat to the life of the petitioner from the deceased family.
5. Considering the submissions and in view of the completion of the investigation, this Court is inclined to grant bail to the petitioner.
6. Accordingly, the Criminal Petition is allowed. The petitioner/Accused shall be enlarged on bail in connection with Crime No.262 of 2021 of Koduru Police Station, Krishna District, on his executing self bond for Rs.50,000/- (Rupees fifty thousand only) with two sureties for a like sum each to the satisfaction of the Court of learned Judicial First Class Magistrate, Avanigadda, Krishna District. On such release, the petitioner should not enter into the village and he shall appear 3 before the Station House Officer, Koduru Police Station, Krishna District, once in a week i.e. on every Saturday between 10.00 AM and 1.00 PM, till completion of trial.
Consequently, miscellaneous applications pending, if any, shall stand closed.
______________________ JUSTICE D.RAMESH Date: 07.02.2022 SDP 4 THE HONOURABLE SRI JUSTICE D.RAMESH CRIMINAL PETITION No.551 of 2022 07-02-2022 SDP