IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
K. Suresh Reddy, J.
Shaik Abdul Raheem - Appellant
Versus
State of Andhra Pradesh - Respondent
Criminal Petition No. 6627 of 2023
Decided On : 11-09-2023
Bail - Domestic Dispute - The court granted bail to the accused, who were involved in a domestic dispute with the de-facto complainant, considering the simple nature of the injuries and the fact that the incident occurred due to a dispute between the complainant and his in-laws.
Fact of the Case:
The accused filed a bail application under Ss. 437 and 439 of Cr.P.C. after being arrested for offences under IPC.
Finding of the Court:
The court found that the injuries received by the complainant were simple in nature and that the incident arose from a domestic dispute between the complainant and his in-laws.
Issues: The main issue was whether the accused should be granted bail considering the nature of the injuries and the domestic nature of the dispute.
Ratio Decidendi: The court considered the nature of the injuries and the circumstances of the dispute in granting bail to the accused.
Final Decision: The court granted bail to the accused on the conditions of executing a personal bond and providing sureties, with directions not to hamper the investigation or tamper with the prosecution witnesses.
JUDGMENT
K.SURESH REDDY, J. - Accused Nos.1 and 7 in Cr.No.99 of 2023 of Sattenapalli Town Police Station, Palnadu District, filed the present Criminal Petition, under Ss. 437 and 439 of Cr.P.C., seeking to release them on bail. The above Crime was registered against the petitioners and others for the offences punishable under Ss. 144, 148, 427, 307 read with 149 of IPC.
2. Case of the prosecution in brief is that, the de-facto complainant married about 10 years back with one Shaik Rahamunnisa. The accused are none other than the in-laws of the de-facto complainant. There are disputes between the de-facto complainant and his in-laws, due to which, the de-facto complainant did not sent his wife to her parental house. While so, the marriage of A.1, who is the elder brother-in-law of the de-facto complainant, was proposed on 22/6/2023. On the request of the elders, he sent his wife to the marriage, but he did not send his children, as they went to the school. On 19/6/2023 at about 4.30 p.m. all the accused came to the house of the de-facto complainant, picked up a quarrel and beat him indiscriminately. The accused also said to have damaged two motor cycles and fled away. On the basis of the report made by the de-facto complainant, present crime has been registered.
3. Learned counsel for the petitioners contends that the petitioners were arrested on 7/8/2023 and ever since, they are in judicial custody. He further contends that the injuries received by the de-facto complainant are simple in nature. He further contends that there are disputes between the petitioners and the prosecution party, which lead to a domestic quarrel, in which the de-facto complainant received injuries and as such, he requests this Court to enlarge the petitioners on bail.
4. On the other hand, learned Assistant Public Prosecutor, opposed the bail application, but he states that the injuries received by the de-facto complainant are simple in nature.
5. This Court perused the entire material on record. Taking into consideration of the fact that as the incident occurred due to the dispute between the de-facto complainant and his in-laws and as the petitioners are in judicial custody since 7/8/2023, this Court is inclined to grant bail to the petitioners, on the following conditions.
(i) The petitioners/A.1 and A.7 shall be released on bail on their executing personal bond for Rs.10, 000.00(Rupees ten thousand only) each with two sureties for a like sum each to the satisfaction of the learned I Additional Junior Civil Judge, Sattenapalli, Palnadu District.
(ii) Further, the petitioners are directed not to hamper the investigation and tamper with the prosecution witnesses.
6. Accordingly, the Criminal Petition is allowed.
The court considered the nature of injuries and the domestic nature of the dispute in granting bail to the accused.
The court grants bail in familial disputes where the major part of the police investigation is complete and there is no indication that the accused will tamper with evidence or obstruct the legal pro....
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