ANDHRA PRADESH HIGH COURT AT AMARAVATHI
Lalitha Kanneganti, J.
Thoti Anil Kumar @ Anil - Appellant
Versus
State of Andhra Pradesh - Respondent
Criminal Petition No. 4035 of 2021
Decided On : 27-07-2021
Regular Bail - Criminal Procedure - The court granted bail to the petitioners/A1 to A6 in connection with a case involving charges under Sections 302 and 201 read with 34 of the Indian Penal Code, 1860, considering the peculiar facts of the case and imposing certain conditions.
Fact of the Case:
The petitioners sought regular bail in connection with a case involving charges under Sections 302 and 201 read with 34 of the Indian Penal Code, 1860. The prosecution alleged that the petitioners were involved in the murder of the complainant's son, who was accused of committing rape and had criminal antecedents.
Finding of the Court:
The court, after considering the submissions of both parties, granted bail to the petitioners/A1 to A6, taking into consideration the peculiar facts of the case and imposing conditions for their release.
Issues: The main issue was whether the petitioners should be granted bail in light of the allegations against them and the pending investigation.
Ratio Decidendi: The court deemed it appropriate to grant bail to the petitioners, considering the peculiar facts of the case and the fact that the petitioners had been in jail for 54 days. The court also imposed conditions for their release, including the execution of self bonds and cooperation with the investigation.
Final Decision: The Criminal Petition was allowed, and the petitioners/A1 to A6 were granted bail in Crime No. 185 of 2021 of Punganur Urban Police Station, Chittoor District, subject to the specified conditions.
JUDGMENT
Lalitha Kanneganti, J. - 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 petitioners/A1 to A6 in connection with Crime No.185 of 2021 of Punganur Urban Police Station, Chittoor District for the offence punishable under Sections 302 and 201 read with 34 of the Indian Penal Code, 1860.
2. The case of prosecution is that a report was lodged wherein it was alleged that the marriage of the complainant's son was solemnized with one Roopa and the couple was blessed with one son. It was also alleged in the complaint that earlier a murder case was registered against the complainant alleging that he committed murder of one Saraswathamma of the same village and another case was also registered against his son with an allegation of attempt murder on one Bhuvaneswari of Punganur and he was convicted in the said case. It was also alleged in the complaint that on 28.05.2021 the complainant came to know that his son committed rape on one Venkatamma and on coming to know about the same, the complainant and his daughter went to search the victim and found that A1 to A6 are beating him with sticks and stones. As they threatened the complainant that they will kill them, the complainant went to bring his villagers but by the term he returned the victim was found dead. A1 to A6 with an intention to screen of the murder threw his son on a road side and escaped from there. Basing on the said complainant the crime is registered against the petitioners herein. The petitioners were arrested on 30.05.2021.
3. Heard Sri Gade Venkateswara Rao, learned counsel for the petitioners and learned Assistant Public Prosecutor for the respondent-State.
4. Learned counsel for petitioners submits that even as per the complaint, the deceased has criminal antecedents. Earlier, there was allegation against the deceased that he killed one lady belonging to his village and he was convicted. He submits that the deceased was addicted to bad vices and on 28.05.2021 the de facto complainant came to know that his son committed rape on a lady aged 75 years and when he tried to hide, nearly 200 persons of the area chased the deceased and while in intoxication stage, fell into the bounders and thorny bushes, thereby he sustained injuries which resulted in his death. He further submits that just because they are friends and relatives of the lady, they have been implicated in this case. He further submits that from the last 54 days, petitioners are languishing in jail. Hence, their case may be considered for grant of bail.
5. Learned Assistant Public Prosecutor submits that investigation is pending and so far eight witnesses were examined.
6. Taking into consideration the peculiar facts of the case, this Court deems it appropriate to grant bail to the petitioners, however, on certain conditions.
7. Accordingly, this Criminal Petition is allowed. The petitioners/ A1 to A6 shall be enlarged on bail in Crime No. 185 of 2021 of Punganur Urban Police Station, Chittoor District on their 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 the Additional Junior Civil Judge (JFCM), Punganur, Chittoor District. Petitioners shall cooperate with the investigation.
8. Consequently, miscellaneous applications pending, if any, shall stand closed.
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