Important Point—Bail cannot be granted in heinous offences.

1. In this petition filed under Section 437 and 439 Cr.P.C, the petitioner/A.1 seeks regular bail in SC No.110 of 2016 pending on the file of IX Additional District and Sessions Judge, Chittoor arising out of Crime No.130 of 2015 of I Town PS, Chittoor, which was registered for the offences under Sec.147, 148, 302, 307, 326, 120-B, 109 r/w 149 IPC, Sec.212, 216, 201 IPC, Sec.25(1A), Sec.25(1AAA), Sec.25(1B)(a), Sec.25(1B)(c), Sec.27(3) and Sec.30 of the Arms Act, 1959.

2. It was a ghastly murder of “Mayor couple” occurred on 17.11.2015, wherein Smt. Katari Anuradha, the Mayor of Chittoor and her husband Katari Mohan were brutally killed in the Mayor’s chamber at Municipal Corporation Office by A.1 to A.5. The other accused were involved in the offence in one way or other. The police have charge sheeted altogether 23 Accused.

3. The charge sheet would disclose, the barbaric act was planned and perpetrated by the petitioner/A.1 who is the Brutus in this episode as he happened to be the own nephew of the Mayor Couple. Briefly stating, as per charge sheet there were political rivalries between two groups—one group headed by Ex-MLA, C.K.Babu belonging to Congress Party and other group headed by deceased no.2—Katari Mohan belonging to Telugu Desam Party for achieving the political supremacy over the area, which led to physical attacks and counter attacks, resulting in cases between the two groups. The petitioner/A.1 originally belonged to the group of deceased no.2—Katari Mohan. It is alleged that during the period, when the deceased no.2 was jailed for about three years in the group rivalry cases, petitioner/A.1 used to look after the business and political activities of deceased no.2 and used to assist his wife deceased no.1 and gradually he held sway over his group. However, after deceased no.2 returned from jail, it is alleged, petitioner/A.1 had to return the supremacy to him and had to content with second slot which he did not relish. That apart over the period some business and group rivalries cropped up between both of them which ultimately led petitioner/A.1 to terminate the Mayor couple. Accordingly, it is alleged, on 17.11.2015 in the morning at about 11:45am, when the Mayor couple and some others assembled in the Chamber of Mayor at Municipal Corporation and attending some work, A.1 to A.5 went in Burkas and at first A.1 opened fire on deceased no.1 and she received head injury and fell down and died instantaneously. When the defacto complainant (LW.1) and some others who were present in Mayor’s chambers, came to the rescue of deceased no.2, A.4 hacked LW.1 on his back and A.2 fired at deceased no.2 and the deceased no.2 ran towards Council Conference Hall, and A.1 to A.5 chased deceased no.2 in the Conference Hall and hacked him with sickles. Later the accused retreated and the injured were rushed to the District Headquarters Hospital, Chittoor, where the Medical Officer examined the deceased no.1 and declared as dead. Later LWs.1 and 2 were referred to CMC, Vellore for better treatment and while undergoing treatment, deceased no.2 succumbed to injuries and died at 9pm on the same day. The police of Chittoor I Town PS, on being informed, rushed to the Hospital and recorded the statement of LW.1 and continued other proceedings. On completion of investigation, charge sheet was laid against 23 accused as stated.

Hence, the instant bail application.

4. It may be noted that earlier the petitioner/A.1 filed Crl.P.No.16351/2016 seeking bail and the same was dismissed by the High Court on 15.12.2016 as withdrawn.

5. Heard Sri P.Kesava Rao, learned counsel representing for Sri Ramakrishna Akurathi, learned counsel for petitioner and learned Public Prosecutor for the State (Andhra Pradesh).

6. Staunchly denying the petitioner’s involvement in the offence, learned counsel for petitioner sought bail on the following submissions:

Firstly, he argued, as per charge sheet, there were political rivalries between the groups of decease