Andhra Pradesh High Court - Amravati
Ambarapu Kadharvali Erra Sayababu vs The State Of Andhra Pradesh on 10 November, 2023
HON'BLE SRI JUSTICE T. MALLIKARJUNA RAO
Criminal Petition No.8656 of 2023
Order:
This Criminal Petition, under Sections 437 and 439 of
Cr.P.C., has been filed by the petitioner/A.2, seeking regular
bail, in Crime No.61 of 2023 of Ramachandra Puram Police
Station, Tirupati District, registered against the petitioner and
others for the offence punishable under Sections 109, 307, 314
read with 34 IPC altered to Sections 109, 302 read with 34 IPC.
2) Heard Learned counsel for the petitioner and the
learned Assistant Public Prosecutor.
3) Brief facts of the case are that on 05.10.2023 at
15.00 hrs., at Bopparajupalli Village, RC Puram Mandal, A.1 and
A.2 went to the house of the de-facto complainant and picked
up quarrel with her husband Rafi while the de-facto complainant
and her husband were present their house. A.1 beat the
deceased with iron rod on his head while threatening him with
dire consequences, A.2 tried to kill the deceased by crushing
throat whit his leg, immediately de-facto complainant with the
help of others rescued the deceased from the clutches of the
accused with the help of others and shifted the deceased who
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was unconscious to the Chandragiri Government Hospital and
from there shifted the deceased to SVIMS Hospital, where the
deceased died on 10.10.2023 while undergoing treatment.
Based on the complaint of the de-facto complainant initially
police registered a case in Crime No.61 of 2023 for the offence
punishable under Sections 109, 307, 324 read with 34 IPC,
subsequently altered the Sections to 109, 302 and 324 read with
34 IPC. The accused were sent to judicial custody.
4) Considering the grievous nature of the acquisitions
have been made against the petitioner, this Court is not inclined
to grant bail to the petitioner only on the ground that he is aged
about 70 years. This Court is of the view that at this stage,
specific overtact attributed against the present petitioner/A.2.
Also the crime is registered under Section 34 IPC. This Court
views that releasing the accused at this stage may hamper
investigation as the offence in question is grievous.
In view of the aforesaid facts and circumstances of the
case, petitioner/A.2 does not deserve for grant of bail at this
stage.
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5) Accordingly, the Criminal Petition is dismissed.
6) As a sequel, miscellaneous application, pending if
any shall stand closed.
_____________________
T. MALLIKARJUNA RAO, J.
10.11.2023.
vnb 4 HON'BLE SRI JUSTICE T. MALLIKARJUNA RAO Criminal Petition No.8656 of 2023 Dated: 10.11.2023 vnb