AI Structured Summary
Not yet generated for this judgment
Judgment
Subba Reddy Satti, J
This Criminal Petition under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C’) is filed to enlarge the petitioner/A-1 on regular bail in Crime No.78 of 2022 of Chagalammarri Police Station, Kurnool District, registered for the offences punishable under Sections 324, 323 and 307 r/w 37 of the Indian Penal Code, 1860 (for short ‘I.P.C’).
Case of the prosecution in brief, is that the de facto complainant’s father-in-law by courtesy namely Thota Seshaiah is running P.S.Dahba since 8 months at Chagalammari Village and the de facto complainant used to visit the said Dabha in order to talk with him and the said Seshaiah along with R.Sreenivasulu, Kesha Linganna are running Wine shop from the year 2013 and the said Seshaiah borrowed Rs.4,30,000/-from the said R.Sreenivasulu and executed promissory note in the name of Kesha Lingaiah. The said Seshaiah repaid the amount, but the promissory note was not returned. When insisted to return the said promissory note, he replied that it is not traced out and in fact, an agreement was executed in receipt of the entire amount. Thereafter, R.Sreenivasulu got filed a case for recovery of money through Kesha Lingaiah. The civil suit was ended in favour of Seshaiah and about 15 days back, the said Seshaiah and A-2 quarreled with each other at Bynapallimitta of Duvvur Mandal. In order to pacify the issue, on 03.05.2022, the de facto complainant went to P.S.Dabha at about 3.00 PM, and he also called A-2 and others for which, A-1 and other accused came to the said Dabha in two autos. A-1 questioned the de facto complainant’s father-in-law as to why he beat A-2 and that in order to see the end of Seshaiah, the petitioner herein /A-1 along with other accused came to the place of de facto complainant and Seshaiah. A-2 caught hold of the de facto complainant, the petitioner/A-1 stabbed him two times with dagger and that A-3, A-4 and other accused caught hold of Seshaiah and at that time, one Narasimhulu and others rescued them from the hands of accused. Basing on the complaint, police registered the case in Crime No.78 of 2022 for the aforesaid offences.
Heard learned counsel for the petitioner and learned Special Assistant Public Prosecutor for the State.
Learned counsel for the petitioner would submit that A-1 is falsely implicated in the above crime and in fact, A-2 who suffered injuries lodged a compliant with Duvvuru Police and the same was registered as F.I.R.No.81 of 2022 for the offences under Sections 363, 324, 354, 506 r/w 34 of IPC. He would submit that material part of investigation is completed and the petitioner was arrested on 28.06.2022 and since then he has been in judicial custody. Hence, he would pray for grant of bail to the petitioner.
Learned Special Assistant Public Prosecutor would submit that the petitioner was involved in other Crime No.70 of 2021 of Chagalamarri Police Station for the offences punishable under Sections 354, 509 and 341 of IPC and hence, he prays to dismiss the petition.
A perusal of the complaint indicates with regard to a dispute regarding the civil suit. The petitioner was arrested on 28.06.2022 and material part of investigation is completed. In fact, the additional material papers filed before this Court would indicate that A-2 suffered injuries and basing on the complaint of A-2, case was registered against the said Seshaiah and others for the offences punishable under Sections 363, 324, 354, 506 r/w 34 of IPC. As the substantial investigation is completed in this crime and since 28.06.2022, the petitioner has been in judicial custody, this Court is of the considered opinion that the petitioner is entitled for bail.
Accordingly, the Criminal Petition is allowed. The petitioner is ordered to be enlarged on bail in Crime No. 78 of 2022 of Chagalammarri Police Station, Kurnool District on execution of self bond for Rs.50,000/- (Rupees fifty thousand only) with two sureties for a like sum each to the satisfaction of the Judicial Magistrate of First Class, Allagadda, Kurnool District. The petitioner shall report before the Station House Officer, Chagalamarri Police Station twice in a week i.e. on every Monday and Saturday between 9.00 AM to 3.00 PM for a period of two months or till filing of charge sheet whichever is earlier. The petitioner shall co-operate with the investigation and he shall neither influence the witnesses nor tamper the evidence.