Andhra Pradesh High Court - Amravati
Ingilala Viswaswara Rao Ingilela ... vs State Of Andhra Pradesh on 21 June, 2021
| | ayia ¢ / "f 3240 ] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ye RE. MONDAY, THE TWENTY FIRST DAY OF JUNE, \, "+ TWO THOUSAND AND TWENTY ONE =PRESENT: THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI! CRIMINAL PETITION NO: 3162 OF 2021 Between: Ingilala Viswaswara Rao @ Ingilela Visweswar, S/o Sivaiah, Hindu, aged about 24 years, R/o Veguru Kandriga Village, Resident of iskapalem Village, T.P Gudur Mandal SPSR Nellore District. ...Petitioner/Accused No.2 AND State of Andhra Pradesh, Through SHO, TP Gudur Police Station/ SPSR Nellore District, Represented by the its Public Prosecutor, High Court of AP, at Amaravaihi .. Respondent/Complainant Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the memorandum of grounds of Criminal Petition, the High Court may be pleased to enlarge the petitioner on ball in the event of his arrest in connection with the Crime No.98 of 2021 of T.P Guduru Police Station SPSR Nellore District, pending trail and Investigation, The petition coming on for hearing, upon perusing the Petition and the memorandum of grounds of criminal petition and upon hearing the arguments of Sri Amancharla Satish Babu, Advocate for the Petitioner and Additional Public Prosecutor for the Respondent, the Court made the folowing. ORDER:
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO.3162 OF 2021 ORDER:-
This petition is filed under Section 438 of the Cade of Criminal Procedure, 1973 {for short "Cr.P.C.") to enlarge the petitioner/ A-2 on bail in the event of his arrest in connection with Crime No.08 of 2021 of T.P.Guduru police station, SPSR Nellore District registered for the offences punishable under Sections 326, 326 r/w 34 IPC.
2. The case of the prosecution is that on 20.03.2021 at about 11.00 a.m. near sivalayam temple, Iskapalem village of T.P.Gudur Mandal, accused No.2 along with other accused beat the defacto complainant with stick on his right shoulder and caused grievous infuries.
3. Heard Sri Amancharla Satish Babu, learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondent-State.
4, Learned counsel for the petitioner submits that the petitioner has not committed the offence as alleged and he has falsely implicated in this case. As per the complaint, the dispute is between the defacto complainant and one E.Bhaskaraiah, the petitioner has nothing to da with the said offence. He further submits that he lost his wife due to Covid on 06.05.2021 and also ae filed death particulars of his wife. He submits that he is also effected with Covid and he has two children to be taken care of,
5. On the other hand, the learned Additional Public Prosecutor submits that the defacto complainant has sustained grievous injuries and the main allegations are against this petitioner further all other accused were arrested and they have obtained regular bail, As such the petitioner is not entitled for grant of pre arrest bail. However taking into consideration the loss of his wife and the two children and parents to take care of by the petitioner, this court deems it appropriate to grant bail to the petitioner. 6, Accordingly, this Criminal Petition is allowed. The petitioner /A-2 shall be released on bail in the event of his arrest in connection with Crime No. 98 of 2021 of T.P.Guduru police station, SPSR Nellore District on execution of self bond for Rs,25,000/- (Rupees twenty five thousand only) with two sureties for a likesum each to the satisfaction of the Station House Officer, T.P.Guduru police station, SPSR Nellore District, The petitioner-A- 2 shall appear before the Station House Officer, T.P.Guduru police Station, SPSR Nellore District on every Friday before 10:00 A.M. to
-- 2:00 P.M. for a period of two months or till charge sheet is filed whichever is earlier, Consequently, miscellaneous applications pending, if any, shall stand closed.
Sd/-M.Suryanadha Reddy ASSISTANT REGISTRAR {TRUE COPY/! SECTION OFFICER For i To, mab OnN > MM The | Additional District & Sessions Judge, Nellore. The Station House Officer, TP Gudur Police Station, SPSR Nellore District. One CC to Sri. Amancharla Satish Babu, Advocate [OPUC] Two CCs to Additional Public Prosecutor, High Court of AP [OUT] One spare copy HIGH COURT LK DATED:21/06/2021 ORDER CRLP.No.3162 of 2021 DIRECTION