ANDHRA PRADESH HIGH COURT AT AMARAVATI
Cheekati Manavendranath Roy, J.
Mara Manohar – Appellant
Versus
The State of Andhra Pradesh – Respondent
Criminal Petition No. 2731 of 2022
Decided On : 25-04-2022
Bail - Criminal Procedure - Enlargement of petitioners on bail
Fact of the Case:
The petitioners, who were accused of committing offenses under Sections 324, 307, 506 read with Section 34 of the Indian Penal Code, 1860, were seeking bail after being in judicial custody since their arrest.
Finding of the Court:
The court considered the progress in the investigation, the discharge of the injured from the hospital, and the examination of nine material witnesses. It concluded that the petitioners were entitled to be enlarged on bail on certain conditions.
Issues: Enlargement of petitioners on bail
Ratio Decidendi: Considerable progress in the investigation, discharge of the injured, and examination of material witnesses led the court to grant bail to the petitioners.
Final Decision: The Criminal Petition was allowed, and the petitioners were ordered to be enlarged on bail on certain conditions.
ORDER
1. This criminal petition under Section 439 of the Code of Criminal Procedure, 1973 is filed to enlarge the petitioners on bail.
2. The petitioners are A-1 to A-3 in Crime No.67 of 2022 of I Town Police Station, Proddatur, Kadapa District.
3. A case under Sections 324, 307, 506 read with Section 34 of the Indian Penal Code, 1860 (for short 'I.P.C') was registered against the petitioners in the above crime.
4. Briefly stated, it is the case of the prosecution that on 24.03.2022 at about 7.30 P.M., when the de facto complainant was going towards bus stop on his bike that he has dashed against the bike of the petitioners. There was some altercation between them in this regard. Thereafter, the petitioners herein who were A-1 to A-3 went to the house of the de facto complainant, armed with iron rods and attacked him and caused injuries to him on his head and thereby attempted to kill him. Therefore, it is stated that the petitioners have committed the aforesaid offences.
5. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
6. The petitioners were arrested on 26.03.2022 in connection with the above crime and since then they have been in judicial custody. The injured in this case was also discharged from the hospital. The record reveals that nine material witnesses have been also examined in this case. Therefore, there is considerable progress in the investigation. So, in the facts and circumstances of the case, this Court is of the considered view that the petitioners are entitled to be enlarged on bail on certain conditions.
7. Resultantly, the Criminal Petition is allowed. The petitioners are ordered to be enlarged on bail on execution of self bond for Rs.25,000/- (Rupees twenty five thousand only) each with two sureties for a likesum each to the satisfaction of the learned I Additional Judicial Magistrate of First Class, Proddatur. On their release, the petitioners shall report before the Station House Officer, I Town Police Station, Proddatur, Kadapa District, daily between 10.00 A.M. and 1.00 P.M., till the entire investigation is completed and charge sheet is filed in this case.
The court considered the progress in the investigation, the discharge of the injured from the hospital, and the examination of material witnesses as grounds for granting bail to the petitioners.
There is considerable progress in the investigation. So, in the facts and circumstances of the case, petitioners are entitled to be enlarged on bail on certain conditions.
A lesser degree of involvement in a serious crime may justify bail, especially when a co-accused has been granted bail under similar circumstances.
The court has the discretion to grant bail based on the circumstances of the case and may impose specific conditions for the release of the accused.
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