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Judgment
Ravi Cheemalapati, J
This Criminal Petition is filed under Sections 437 & 439 of Criminal Procedure Code (‘Cr.P.C.’ in short), seeking regular bail, by the petitioner/ Accused No.1 in Crime No.211 of 2022 of Eluru II Town Police Station, registered for the offences punishable under Sections 307, 326, 384, 324, 323 r/w 34 IPC.
The case of the prosecution, in brief, is that the victim took loan of Rs.30,000/- from A-1 three years ago. The victim has been paying the amount of interest regularly. For the past three months, he could not pay the interest. On 15.05.2022, A-1 along with others came to the house of victim and demanded to pay the balance amount and forced him to pay the amount. A-1 along with others attacked him, beat him with hands and legs and one of the accused hit the victim with cricket wicket, resulting severe injuries to the victim. Hence the present crime has been registered.
Heard Sri R. Siva Sai Swarup, learned counsel for the petitioner, and Sri Soora Venkata Sainath, learned Special Assistant Public Prosecutor for the respondent-State.
In elaboration to what has been stated in the grounds, learned counsel for the petitioner contended that the petitioner, who is A-1, has been languishing in jail since 20.05.2022 and the other accused, who are A-2 to A-5, have been enlarged on bail. He would submit that in the fourth bail application filed by the petitioner before the Sessions Court in Crl.M.P.No.416 of 2022, the bail application was dismissed, by the order dated 12.07.2022, on the ground that investigation is pending and wounds certificate is awaited. He further contends that after filing this petition, the father of the petitioner is seriously ill and as the entire investigation has already been completed and only filing of charge sheet is left, he prayed for grant of bail.
On the other hand, the learned Special Assistant Public Prosecutor fairly conceded that investigation is on the verge of completion and charge sheet is not yet filed. He opposed the bail application on the ground that if the petitioner is granted bail, he may threaten the witnesses and may tamper the evidence. Hence, opposed the petition and prayed for dismissal of the same.
Considering the facts and circumstances of the case, as the petitioner has been languishing in jail for the past 84 days and as the father of the petitioner is not well and the injured in this case is already discharged from the hospital within two days from the date of admission to the hospital, this court is inclined to grant bail to the petitioner by duly taking the apprehensions made by the learned Special Assistant Public Prosecutor into consideration with the following conditions:
(i) The petitioner shall be released on bail on his executing self bond for Rs.50,000/- (Rupees fifty thousand only) with two sureties for a like sum each to the satisfaction of the learned II Additional Judicial Magistrate of First Class, Eluru, West Godavari District.
(ii) The petitioner 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 and shall not tamper the evidence and shall co-operate with the trial. Further, the petitioner shall scrupulously comply with the above conditions and if there is breach of any of the above conditions, it will be viewed seriously and it also entails cancellation of the bail and in such case, prosecution shall move appropriate application for such cancellation.
Accordingly, the Criminal Petition is allowed. Miscellaneous applications, pending if any, shall stand closed.