Andhra Pradesh High Court - Amravati
Gudepu Sunil vs The State Of Andhra Pradesh on 30 June, 2022
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
CRIMINAL PETITION No.3836 OF 2022
ORDER:
Accused Nos.5 and 6 in Crime No.314 of 2021 of Narasaraopet II Town Police Station, Guntur District, filed this Criminal Petition under Sections 437 & 439 of Criminal Procedure Code, seeking regular bail.
2. The case of the prosecution, in brief, is that about four years back Mathangi Karna, who is resident of Narsarao pet insulted and misbehaved with A1-Patan Janbee. Then A1 informed the same to Sk. Baji and then he hatched a plan to kill Mathangi Karna and accordingly deceased Sayyed Peervali and other friends of Sk. Baji and elder son of Patan Janbee killed Mathangi Karna. As A1 avoided Sk. Baji, on her son's reprimanding their relationship, Sk. Baji, took a altercation with A1's son at a function and it was pacified by the elders by deciding that Sk. Baji should pay Rs.3,00,000/- to A1. A1's son threatened Sk. Baji that he will kill him, if he does not pay the amount. Due to fear from A1's son Subhani, Sk. Baji decided to kill Subhani and with the help of the deceased and his friends, killed Subhani on 12.09.2021 and therefore, A1 and her family members took oath to kill the deceased, Sk. Baji and his associates, who killed her son. Accordingly, on 27.12.2021 at about 7.00 p.m., A1 to A3 and A5 took knives, A6 and A7 took zink iron pipes and A8 took a stick and all boarded A5's auto and went to the place where the deceased and his fried Akbar are consuming alcohol. When the deceased tried to escape and LW2- Akbar intervened, A6 and A7 beat him with Zink pipes and due to fear, LW 2 ran away. A2, A3 and A5 chased the deceased Sayyed Peervali 2 and hacked him with knives on his shoulder and back, due to which he fell on the road. Immediately A1 and A6 to A8 abused the deceased. A1 to A3 and A5 hacked him on his head and other body parts indiscriminately and A6 to A8 caught hold the deceased's legs tightly and further A1 hacked the deceased's face. After confirming his death, they left the place. A case in the above Crime was registered, on the complaint of the wife of the deceased, for the offences punishable under Sections 302, 307, 120(b), 147 & 148 r/w 149 IPC.
3. Heard Sri K. Simhachalam, learned counsel for the petitioners and Sri Soora Venkata Sainath, learned Special Assistant Public Prosecutor for the respondent-State.
4. Learned counsel for the petitioners would contend that investigation in the case is completed and Police filed charge sheet. He also would contend that nothing was seized from the petitioners/A5 and A6 and there are no criminal antecedents against the petitioners, who are aged 21 and 19 years respectively. He also would contend that they are permanent residents of Jonnalagadda Village, Narsaraopet Mandal and SRKT Colony, Narsaraopet, respectively. It is also stated that they will not influence the witnesses and tamper the evidence. Hence, he prayed the Court to enlarge the petitioners on regular bail.
5. Learned Special Assistant Public Prosecutor would submit that investigation is completed and charge sheet is filed. However, the apprehension of the learned Special Assistant Public Prosecutor is that if the petitioners are enlarged on bail, the opponents may attack the 3 petitioners and hence, surveillance of the petitioners by the Police is required. Hence, prayed to dismiss the petition.
6. I have perused the entire record and anxious consideration was given to the material therein and to the contentions of the both the counsel.
7. Since investigation is completed and charge sheet was filed more than two months back and other accused, A4, A7 and A8, against whom similar accusations were raised, are enlarged on bail by the learned XIII Additional District and Sessions Judge, Narasaraopet, this Court is inclined to grant bail to the petitioners herein on the following conditions:
(i) Petitioners shall execute self bond for Rs.25,000/- (Rupees Twenty Five thousand only) each with two sureties for a like sum each to the satisfaction of the I Additional Junior Civil Judge, Narsaraopet; and
(ii) Petitioners shall attend before the Station House Officer, Narasaraopet II Town Police Station, Guntur District twice in a week i.e. on every Monday and Thursday between 9.00 a.m. and 12.00 p.m.
(iii) Further, the petitioners shall neither influence the witnesses not tamper the evidence.
Accordingly, the Criminal Petition is allowed.
9. It is made clear that this order does not, in any manner, limit or restrict the rights of the Police or the investigating agency from further investigation as per law and the finding in this order be construed as 4 expression of opinion only for the limited purpose of considering the regular bail in the above crime and shall not have any bearing in any other proceedings.
Miscellaneous applications, pending if any, shall stand closed.
________________________ JUSTICE SUBBA REDDY SATTI 30th June, 2022 GBS