ORDER :

This petition is filed under sections 437(5) and 439(2) of Code of Criminal Procedure (for short, ‘CrPC’) by the petitioner/L.W.1, to cancel the bail granted to the 1st respondent herein (A-2) by this Court vide orders dated 19.07.2022 in Criminal Petition No.4832 of 2022 in connection with Crime No.130 of 2015 of Chittoor I town Police Station registered for the offences punishable under sections 302, 307, 120B, 301 read with 511 & 34 of Indian Penal Code and Sections 235-1(b) & 27 of the Arms Act.

2. The case of the petitioner, in brief, is that, in connection with murder of Smt. Katari Anuradha, Chairperson of Chittoor Municipal Corporation and her husband on 17.11.2015, a case in Cr.No.130 of 2015 was registered in Chittoor I town Police Station and the police investigated into the matter, completed the investigation, filed charge sheet, the same was taken on file and the case was committed to Sessions Court and numbered as S.C.No.10 of 2016 on the file of VI Additional Sessions Judge, Chittoor. The 1st respondent herein is arrayed as A-2 in the said Sessions Case. The 1st respondent/A-2 got filed Criminal Petition No.4832 of 2022 for grant of bail stating that he is innocent, but he was falsely implicated, that the investigation is unfair and there is no possibility of commencement of trial in near future in view of the stay obtained by prosecution party. This Court granted bail to the petitioner/A-2 vide orders dated 19.07.2022 in Criminal petition No.4832 of 2022 imposing conditions. It is the further case of the petitioner that trial of the case was delayed only due to the delaying tactics played by the 1st respondent/A-2 and other co-accused, however the 1st respondent/A-2 by misrepresenting the facts as if the prosecution party was responsible for delaying the trial and dragging on the matter, obtained bail. In fact, the accused in this case filed so many frivolous petitions with untenable requests before the trial Court and upon dismissal, carried the matter to higher Courts and thus delayed the trial. It is the further case of the petitioner that one of the conditions imposed by this Court while granting bail stipulates that the 1st respondent/A-2 shall not directly or indirectly contact the complainant or any other witnesses under any circumstances and any such attempt shall be construed as an attempt of influencing the witnesses. After release, the 1st respondent/A-2, had met L.W.40 in the Sessions Case. Thus, the petitioner/A-2 has violated the conditions imposed by this Court while granting bail. It is the further case of the petitioner that since the petitioner/A-2 has obtained bail by misrepresenting several facts and had also violated the conditions of bail, he is not entitled to continue on bail. Hence prayed to cancel the bail granted to the 1st respondent and consequently direct the 2nd respondent police to arrest the 1st respondent and remand him to judicial custody.

3. The 1st respondent/A-2 filed counter refuting the averments of the petition, inter alia contending that, the application filed under Section 439 (3) Cr.P.C. seeking cancellation of bail on the ground of non-consideration of certain aspects is not maintainable and for such a relief appeal has to be filed before the appellate Court. It is pleaded that, the accused are not at all responsible for the delay occurred in commencement of the trial and moreover the prosecution party people herein are responsible for such a delay and that the investigation is biased. It is further stated that the 1st respondent/A-2, in pursuance of the orders passed by this Court, was released from District Jail, Chittoor at 6.30 p.m. on 22.07.2022 and thereafter he went to house of his friend by name Somasekhar to collect his clothes and other belongings and by the time he went to the house of his friend, birthday function of the said Somasekhar was going on and the 1st respondent/ A-2 participated in the birthday function, thereafter went to Chittoor I Town