Andhra Pradesh High Court - Amravati
Chukka Amer Sandeep vs The State Of Andhra Pradesh, on 3 December, 2020
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
CRIMINAL PETITION NO.5356 OF 2020
ORDER:-
This petition is filed under Section 438 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") seeking pre-arrest bail to the petitioner/A1 in the event of his arrest in connection with Crime No.132 of 2019 of Jami Police Station, Vizianagaram District registered for the offences punishable under Sections 302 and 201 of the Indian Penal Code, 1860 (for short 'I.P.C.').
2. A complaint was lodged stating that the complainant is eking livelihood by doing coolie work and she is blessed with two daughters and one son i.e. the deceased. Her son is aged about 21 years and is working in Harika Aqua Water Plant at Jami village since two years. On 26.08.2019 morning around 9:00 A.M. her son went to work and around 12:00 noon her villager informed the complainant that the owner of water plant made phone call to him that the complainant's son was admitted in Government Hospital. The complainant rushed to the hospital and found her son dead. It is stated that the owner of the water plant used to endorse electrical works and her son might have sustained electrical shock because of the negligence of the owner of the plant. Basing on the same a complaint was registered. Subsequently basing on the confession of A2/Chukka Bhavani who stated that she and A1 conspired together to kill the deceased to remove his hindrance to the illicit intimacy and instigated A3 and A4 to kill the deceased. 2 Finally they killed the deceased as per the directions and instigation of A1. As such section of law was altered by adding Sections 302 and 201 of I.P.C.
3. Heard Sri V.V.N. Narayana Rao, learned counsel for the petitioner and the learned Public Prosecutor for the respondent- State.
4. Learned counsel for the petitioner submits that the petitioner is unconnected with the offence and initially a complaint was lodged in the year 2019 and nearly after one year the petitioner is implicated in this case and is falsely shown as A1. He further submits that except the statement of the other accused there is nothing to show that the petitioner has connection with the present crime.
5. Learned Public Prosecutor submits that the petitioner is A1 who has been absconding and is not cooperating with the investigation because of which the Police could not complete investigation. Therefore, he is not entitled for pre-arrest bail.
6. However, learned counsel for the petitioner submits that the petitioner is ready to surrender before the Court below by filing an appropriate application for bail.
7. Therefore, in view of the submission made by the learned counsel for the petitioner this Court deems it appropriate to dispose of the criminal petition directing the petitioner to surrender before the Judicial Magistrate of First Class, S.Kota, Vizianagaram District on 04.12.2020 and on such surrender the 3 Court below shall consider the bail application of the petitioner on the same day in accordance with law.
Accordingly the Criminal Petition is disposed of. Consequently, miscellaneous applications pending, if any, shall stand closed.
___________________________ LALITHA KANNEGANTI, J Date :03.12.2020 Note: Issue C.C. today B/o IKN 4 THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI (Disposed of) CRIMINAL PETITION No.5356 of 2020 03.12.2020 IKN C.C. today