Merugu Lovaraju vs State Of Andhra Pradesh

K. Suresh Reddy, J

This Criminal Petition, under Sections 437 and 439 of Cr.P.C., has been filed by the petitioner/sole accused, seeking regular bail in Crime No.134 of 2023 of Nakkapalli Police Station, Visakhapatnam District.

The above Crime initially was registered against the petitioner for the offence punishable under Section 324 of IPC and subsequently, the same was altered to Section 302 of IPC.

Case of the prosecution is that the de-facto complainant is a resident of Pedateenarla Village, Nakkapalli Mandal. Her husband, by name Ramana, used to catch fish and eking out his livelihood by selling the fish. She was blessed with two children. On 13.06.2023 at about 05.00 p.m., her husband and her brother-in-law Appanna pushed each other while discussing about their land issue. There ensued an altercation and the Accused said to have dealt a blow on the head of the husband of the de-facto complainant with a cricket bat, as a result of which, he fell down. Immediately, he was taken to Community Health Centre, Nakkapalli, from there he was shifted to NTR Hospital, Anakapalli and thereafter to K.G. Hospital, Visakhapatnam, where the Doctors declared him brought dead at about 4.45 p.m., on 14.06.2023. Thereafter, the Section of law was altered from 324 to 302 IPC.

The learned counsel for the petitioner contends that the incident is an outcome of a sudden quarrel between the deceased and Accused and there is no pre meditation and during the quarrel he took out a cricket bat lying there and dealt blow on the head of the deceased. As such, there is no intention on the part of the Accused to kill the deceased. He further contends that the petitioner was arrested on 16.06.2023 and ever since he is judicial custody. Though the statutory period of ninety (90) days have been elapsed, the Police have not filed charge sheet. As such, he requested this Court to enlarge the petitioner on bail.

On the other hand, the learned Special Assistant Public Prosecutor, on instructions, confirms the non filing of the charge sheet.

This Court perused the entire material on record.

As the incident is an outcome of a sudden quarrel ensued between the deceased and Accused and during that quarrel the Accused dealt a blow with a cricket bat on the head of the deceased. Moreover, the Police have not filed a charge sheet within the statutory period of ninety (90) days. Therefore, this Court is inclined to enlarge the petitioner on bail, on the following conditions.

(i) The  petitioner/sole  Accused  herein  shall  be released on bail on his executing a personal bond for Rs.20,000/-(Rupees twenty thousand only) with two (02) sureties for a like sum each to the satisfaction of the learned Additional Judicial First Class Magistrate at Yellamanchili.

(ii) On release, the petitioner shall appear before the Station House Officer concerned, once in a week i.e., on every Sunday between 10.00 a.m. and 01.00p.m., until further orders.

(iii) Further, the petitioner is directed not to hamper the investigation and tamper with the prosecution witnesses.

Accordingly, the Criminal Petition is allowed.