Andhra Pradesh High Court - Amravati
Kollabattula Sateesh Babu Sateesh vs The State Of Andhra Pradesh on 27 September, 2022
THE HON'BLE SRI JUSTICE RAVI CHEEMALAPATI
CRIMINAL PETITION NO.7511 of 2022
ORDER:-
This Criminal Petition is filed under Section 438 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C."), by the petitioner seeking pre-arrest bail.
2. Crime No.164 of 2022 of Narasapuram Rural Police Station, West Godavari District is registered for the offence punishable under Section 306 read with Section 34 of IPC. The petitioner herein was arrayed as A-2.
3. The case of the prosecution is that on 24.08.2022 at 10.30 a.m., the de facto complainant gave a complaint alleging that at about one year back his father i.e., the deceased Balla Satyanarayana married A-1 as his first wife of deceased (mother of de facto complainant), died due to ill- health and A-1 got registered the house of deceased on her name with the support of the petitioner/A-2 and since then A-1 harassed the deceased mentally by not providing food properly and used to say with deceased that if he would die she will feel happy and due to the abetment of the accused, deceased lost his normal frame of mind and committed suicide by consuming pesticide poison. Basing on the 2 complaint made by the de facto complainant, the present crime was registered against the accused.
4. Heard Sri Jakkamsetti Saraschandra Babu, learned counsel for the petitioner and Sri Sravan Kumar Naidana, learned Special Assistant Public Prosecutor for the respondent-State.
5. Learned counsel for the petitioner, in elaboration to what has been raised in the grounds, contended that the petitioner has nothing to do with the alleged crime and there are no specific allegations or overt acts attributed against the petitioner and basing on the omnibus allegations the petitioner is apprehending arrest. Learned counsel further contended that substantial part of investigation is completed and in the event if the petitioner is arrested, his reputation in the society and family will be affected and also submitted that the petitioner filed Crl.M.P.No.88 of 2022 before the learned X Additional Sessions Judge, West Godavari at Narsapur and the same was dismissed on 14.09.2022 on the ground that the investigation is not completed. Learned counsel further contended that A-1 in this case was granted bail in Crl.P.No.7500 of 2022 today by this Court. He further contended that the petitioner will abide any conditions 3 imposed by this Court and further he will cooperate with the investigation and prayed to grant pre-arrest bail to the petitioner.
6. On the other hand, learned Special Assistant Public Prosecutor contended that substantial part of investigation is completed and however, if bail is granted, the petitioner may not cooperate with the investigation and may threaten the witnesses and hamper the process of investigation, hence, sought for dismissal of the petition.
7. Taking the submissions made by both the learned counsel and the material available on record into consideration and as substantial part of investigation is completed and as A-1 is granted bail by this Court, this Court is inclined to grant pre-arrest bail to the petitioner by duly taking the apprehensions made by the learned Special Assistant Public Prosecutor into consideration with the following conditions:
i) The petitioner/A-2 shall be released on bail in the event of his arrest in connection with Crime No.164 of 2022 of Narasapuram Rural Police Station, West Godavari District on his executing a self bond for Rs.25,000/- (Rupees twenty five thousand only) with two sureties for a like sum each, to the 4 satisfaction of the Station House Officer of Narasapuram Rural Police Station, West Godavari District.
ii) The petitioner shall appear before the Station House Officer of Narasapuram Rural Police Station, West Godavari District, twice in a week i.e., on every Sunday between 10.00 a.m. and 12.00 noon till filing charge sheet;
(iii) Apart from that the petitioner shall appear before the Investigating Officer whenever called by the Investigating Officer for the purpose of investigation;
(iv) The petitioner shall not directly or indirectly contact the de facto complainant or any other witnesses under any circumstances and any such attempt shall be construed as an attempt of influencing the witnesses and shall not tamper the evidence and shall co-operate with the investigation;
Further, the petitioner shall scrupulously comply with the above conditions and if there is breach of any of the above conditions, it will be viewed seriously and it also entails cancellation of the bail and in such case prosecution shall move appropriate application for such cancellation.
Accordingly, the Criminal Petition is allowed. Consequently, miscellaneous applications pending, if any, shall stand closed.
_______________________ JUSTICE RAVI CHEEMALAPATI Date : 27.09.2022 SPP 5 THE HON'BLE SRI JUSTICE RAVI CHEEMALAPATI CRIMINAL PETITION NO.7511 of 2022 Date : 27.09.2022 SPP