Andhra Pradesh High Court - Amravati
S Murugan Muruga vs The State Of Andhra Pradesh on 5 August, 2021
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
CRIMINAL PETITION NO.4078 of 2021
ORDER:-
This petition is filed under Sections 437 and 439 of Code of the Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking regular bail to the petitioner/A-6 in connection with Crime No.130 of 2015 of I Town Police Station, Chittoor District, for the offences punishable under Sections 147, 148, 302, 307, 326, 120-B, 109 r/w 149 and 212, 216 of the Indian Penal Code, 1860, Section 25(1A), 25(1AAA), 25(1B)(a), 25(1B)(c), 27(3) and 30 of the Arms Act.
2. The case of prosecution is that, a report was lodged by one V.Satish Kumar Naidu on 17.11.2015 against the accused Nos.1 to 4 wherein it was stated that on 17.11.2015 the said V.Satish Kumar Naidu went to Municipal Corporation Office, Chittoor to meet Katari Mohan, who is the husband of Chittoor Mayor to discuss about his father's transfer. When he is in the chambers of the Mayor, at about 11.45 a.m., accused Nos.1 to 4 alleged to have entered into the chambers of the Mayor and out of them two persons are in Burkhas and that the accused No.1 removed his Burkha and shot the Mayor on her head with a revolver and accused No.3 hacked Katari Mohan with a knife on his neck. When the de facto complainant tried to stop the accused No.4, he hacked him on his back. It is further alleged that when Katari Mohan ran away into the conference Hall which is attached to the Mayor's chamber, all the accused chased him and hacked him with knives. Thereafter, the persons who were there viz., Murali, Chinna, Kishore, Vijay Kumar and others shifted 2 the Mayor Anuradha, Katari Mohan and the de facto complainant to hospital, where the doctors declared that the Mayor was brought dead. Thereafter, the said Katari Mohan, who received serious injuries and the de facto complainant were shifted to CMC Hospital for better treatment and that when the de facto complainant was in hospital, his statement was recorded by the police, and basing on the same, registered a case and took up investigation. After completion of investigation, the police filed charge sheet against the petitioner herein and 22 others and so far as the petitioner/A.6 is concerned, it is alleged in the charge sheet that A.1 conspired with the other accused including the petitioner herein in order to kill the deceased. It is further stated that the petitioner's wife was diagnosed with malignant (tumor) in her brain and it was operated by the doctors at CMC Medical College, Nellore, and after performance of the surgery to her brain, she was completely bed ridden and she was not even in a position to attend her day-to-day activities without the assistance of other persons. Since the date of operation i.e., in the year 2014, her condition deteriorated and time and again she was taken to hospital for different procedures and, in fact, in connection with the same, even this Court as well as the trial Court, granted interim bail 6 times as of now ranging from 3 days to 1 month. Whenever the petitioner released on interim bail either with escort or without escort, he promptly surrendered before the jail authorities as indicated in the bail orders. It is further stated that recently when the petitioner is in jail, his health condition also deteriorated and he is facing numerous health issues such as chronic hyper tension and 3 transient ischemic attack, cervical spondylosis for which he was even taken to government hospitals as well as the other specialty hospitals like SVIMS hospital, Tirupati. Therefore, at present, the petitioner wants to arrange good treatment to his wife and further he also needs to take treatment from super specialty hospital for his ailments. It is further stated that unless this Court release the petitioner on bail for a period of 3 months enabling him to arrange proper treatment to his wife as well as taking treatment for himself, he will be put to great hardship and irreparable loss. It is further stated that the petitioner was arrayed as accused in the case basing on the confessions and that except the alleged confessions of the other accused in the crime there is no other material to prove the said allegation. It is further stated that when the petitioner is in jail as under-trial prisoner, his family was put to great hardship in view of the severe financial crisis and also due to the ill health of the petitioner's wife. Hence, the case of the petitioner may be considered for grant of bail.
3. Heard Sri D.Purnachandra Reddy, learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State.
4. Learned counsel for petitioner submits that the petitioner has been falsely implicated as Accused No.6 out of 23 accused shown in the above said case. Except 5 persons, i.e., A.1 to A.4 and A.6 others were granted regular bail. On merits also, earlier, the bail application was dismissed in so far as this petitioner/A.6 is concerned. But as 4 his wife is suffering with malignant (tumor) and underwent operation for brain tumor the petitioner was granted earlier interim bail on different occasions to attend the family needs specifically to arrange the medical facility for his wife and he has got two younger daughters who also require personal attention of the petitioner. Learned counsel further submits that the petitioner's wife is bed ridden and the medical emergency demands immediate hospitalization for her and as such the petitioner has to go and arrange the appropriate hospital and treatment for her for which he seeks bail pending Sessions case.
5. Learned Assistant Public Prosecutor on the other hand submits that the petitioner is involved in a brutal murder case of the Mayor and her husband in her chambers itself and the petitioner aided and conspired in the above said case along with the main accused and as such even for A.1 also no bail was granted by this Court earlier. When the petitioner preferred SLP before the Hon'ble Supreme Court of India also, the same was dismissed on 15.04.2021 with a direction to proceed with the main Sessions Case. As there is a threat to the accused from the quarters of the deceased, it is not desirable to enlarge him on bail in his own interest.
6. However, learned counsel for the petitioner submits that the petitioner is seeking for a short relief so as to attend the medical needs of his wife and he would commit himself to jail soon after period is over, as such seeks for indulgence to grant interim relief for a short period.
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7. In view of the said facts and circumstances, the petitioner/A-6 shall be enlarged on interim bail for a period of two (02) months i.e. from 06.08.2021 to 06.10.2021 on condition of executing a personal bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two sureties for a like sum each to the satisfaction of the Superintendent, District Jail, Chittoor District and he shall commit himself back to the District Jail, Chittoor soon after completion of two months i.e., on 07.10.2021. Thus, he shall surrender before the concerned jail authorities on 07.10.2021 before 5.00 P.M., at any cost. It is needless to mention here that during these two months period, he shall appear once in a week i.e., on a Sunday before the concerned Station House Officer, between 10.00 a.m. and 1.00 p.m. and he shall furnish the details of movements also to the concerned Station House Officer. During this period he shall confine himself to his house and hospitals for the medical needs of his wife. Except that, he shall not move out in any other places during the period of two months.
8. With the above direction, the Criminal Petition is disposed of.
Consequently, miscellaneous applications pending, if any, shall stand closed.
___________________________ LALITHA KANNEGANTI, J Date: 05.08.2021 KA 6 THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI (Disposed of) CRIMINAL PETITION No. 4078 of 2021 Date: 05.08.2021 KA