Andhra Pradesh High Court - Amravati
Chukka Bhavani, vs The State Of Andhra Pradesh, on 8 December, 2020
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATL. TUESDAY, THE EIGHTH DAY OF DECEMBER, TWO THOUSAND AND TWENTY > PRESENT : THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI CRL.P.No. 5268 of 2020 Between:- 1.Chukka Bhavani, W/o. Jagadesh 2.Doddi Venkata Krishna @ Hari, S/o. Late Subramanyam 3.Chappa Satish, S/o. Appa Rao. veees Petitioners/Accused Nos.2, 3 & 4. AND The State of Andhra Pradesh, through Jami Police Station, Rep. by Public Prosecutor, High Court at Amaravati. bee Respondent. Petition filed under Sections 437 & 439 of Cr.P.C. praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to enlarge the petitioners on Regular Bail in Crime No.132 of 2019 of Jami Police Station. The petition coming on for hearing, upon perusing the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri V.V.N. Narayana Rao, Advocate for the Petitioners and of the Public Prosecutor on behalf of respondent/State, the Court made the following ORDER :
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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO.5268 of 2020 ORDER:-
This petition is filed under Sections 437 and 439 of Code of the Criminal Procedure, 1973 (for short 'Cr.P.C.)} to grant regular bail to the petitioners in connection with Crime No.132 of 2019 of Jami Police Station, Vizianagaram District for the offences punishable under Sections 302 and 201 of Indian Penal Code, 1860. The petitioners before this Court are A-2, A-3 and A-4. Initially a complaint was registered under Section 174 Cr.P.C and later it was altered into Section 302 and 201 of IPC.
2. Heard Sri V.V.N.Narayana Rao, learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondent-State.
3. The case of prosecution is that the de facto complainant is a resident of Ramabadrapuram Agraharam Village of Jami Mandal. She is living by doing coolie works. She is blessed with two daughters and one son. Her husband Simhachalam died due to ill health about nine months back and her son Suryarao is working in Harika Aqua Water Plant at Jami village since two years. On 26.08.2019 at around 9.00 AM her son went to duty at Karika Water Plant. At aout 12.00 noon, her village elder Dasari Satyam came to her house and informed her that the owner of water plant made a phone call to him and told that her son was admitted in Government Hospital at Jami. After few seconds, the owner of the said Water Plant made a phone call to Dasari China Satyam and informed him fos.
Sy "iy, 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 Al conspired together to kill the deceased to remove his hindrance to the illicit intimacy and instigated A3 and A4 to kill the deceased. Finally they killed the deceased as per the directions and instigation of Al. As such section of law was altered by adding Sections 302 and 201 of I.P.C.
4. Learned counsel for the petitioners submits that even before the Court below it is stated that the entire investigation is completed and most of the witnesses were examined and all the reports are received by the police and nothing is to be investigated except filing of charge sheet in the above crime. As such, the question of tampering with the prosecution evidence does not arise. However, the Court below dismissed the bail petition on the ground that the investigation is pending and as such petitioners may be enlarged on bail.
5. The learned Additional Public Prosecutor submits that only 16 witnesses were examined and some more witnesses are yet to be examined and as A-1 was not apprehended, the police could not file the charge sheet. The learned counsel further submits that in view of the orders passed by this Court in Crl.P.No.5356 of 2020, A-1 will surrender before the Court below.
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6. Recording the submission made by the learned counsel for the petitioners that A-1 will surrender before the Court below and further as the petitioners are languishing in jail from 27.09.2020, this Court deems it appropriate to grant bail to the petitioners.
7. Accordingly, this Criminal Petition is allowed. The petitioners/ A-2, A-3 and A-4 shall be enlarged on bail on execution of self bonds for Rs.20,000/- (Rupees Twenty thousand only) each with two sureties for a like sum each to the satisfaction of the Court of Judicial First Class Magistrate, S.Kota.
Consequently, miscellaneous applications pending, if any, shall stand closed.
Sd/- M. SURYANADHA REDDY ASSISTANT REGISTRAR //TRUE COPY// hin for ASSISTANT REGISTRAR To
1.The IV Additional District & Sessions Judge, Vizianagaram.
2.The Judicial First Class Magistrate, S. Kota, Vizianagaram District.
3.The Station House Officer, Jami Police Station, Vizianagaram District.
4.The Superintendent, Central Prison, Visakhapatnam.
5. Two CCs to the Public Prosecutor, High Court of A.P., at Amaravati(OUT)
6.One CC to Sri V.V.N. Narayana Rao, Advocate(OPUC)
7.One spare copy.
TKK HIGH COURT LK.J DT.08-12-2020.
BAIL ORDER CRL.P.No. 5268 of 2020 RELEASE THE PETITIONERS ON BAIL on ns SS & iis fink so ge ne \ ot ss "ok ANDY 2 CiAL HRI Weak 110
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