Andhra Pradesh High Court - Amravati
Merugu Chitti Babu Chittimamu vs State Of S H O on 12 July, 2021
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
CRIMINAL PETITION No.3489 of 2021
ORDER:
This Criminal Petition is filed under Sections 438 of Code of the Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking pre- arrest bail to the petitioner/A-3 in connection with Crime No.362 of 2019 on the file of Duvvada Police Station, Visakhapatnam, wherein the petitioner is alleged to have committed the offence punishable under Section 307 r/w 34 of IPC of Indian Penal Code, 1860 (for short "IPC").
2. The case of the prosecution is that on 11.12.2019 the defacto complainant was proceeding from Srinagar to Kurmannapalem on his two wheeler bearing No.AP31 DH 1633, the driver of Scorpio Car bearing No.AP39 CE 4480 drove the same in a rash and negligent manner and dashed his two wheeler from his behind and dragged to some distance, as a result, he sustained injuries to right elbow, right leg, waist and head. Basing on the same, the police registered the above crime under Section 337 of IPC and later police filed charge sheet against one Tirumala Ramesh @ Chotu, which was taken on file vide C.C.No.45 of 2020 on the file of VIII Additional Chief Metropolitan Magistrate, Gajuwaka, Visakhapatnam.
It is further stated that the said Tirumala Ramesh @ Chotualso involved in another Crime No.520 of 2020 for the offences under Section 8 (c), 20 (b) (i) of NDPS Act and at the time of arrest, he confessed that he was involved in three other crimes, out of which Cr.No.362 of 2019 is one. He confessed that the petitioner introduced his friend Anand and during December, 2 2019, the petitioner by paying Rs.1,00,000/- to Tirumala Ramesh asked him to kill the defacto complainant herein, who is uncle of Anand. On that the said Ramesh by taking assistance of one Sanjay has executed the plan. Basing on the said confession, section of law was altered from 338 of IPC to 307r/w 34 of IPC and the petitioner herein is arrayed as accused.
3. Heard Sri S.Dilip Jaya Ram, learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State.
4. Learned counsel for the petitioner submits that initially the case was registered under Section 337 of IPC on 13.12.2019 and one Tirumala Ramesh was shown as accused and later, basing on the confession made by said Ramesh, section of law was altered to Section 307 r/w 34 of IPC and the petitioner is added as A-3. He submits that except the confession made by the other accused, there is no material to show the petitioner's involvement in this case, as such his case may be considered for granting pre-arrest bail.
5. Per contra, learned Assistant Public Prosecutor submits that several cases were registered against the petitioner and he is involved in as many as 10 cases, out of which, two cases relate to Section 302 of IPC.
6. Taking into consideration the involvement of petitioner in various other crimes and the guidelines issued by the Apex Court in Siddharam Satlingappa Mhetre Vs. State of Maharashtra and 3 Ors1, this Court is of the view that this is not a fit case to grant pre-arrest bail to the petitioner. However, the learned counsel for the petitioner submits that the petitioner will surrender before the concerned Court and will move an appropriate application seeking bail. If such an application is filed by the petitioner, the same shall be considered on the same day in accordance with law.
7. Accordingly, this Criminal Petition is disposed of.
As a sequel, all the pending miscellaneous applications shall stand closed.
___________________________ LALITHA KANNEGANTI, J 12th July, 2021 PVD 1 AIR 2011 SC 312 = MANU/SC/1021/2010 4 THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI disposed of CRIMINAL PETITION No.3489 of 2021 12th July, 2021 PVD