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Judgment
K.Sreenivasa Reddy, J
The Criminal Petition, under Sections 437 & 439 of the Code of Criminal Procedure, 1973, is filed on behalf of sole accused for regular bail in PRC.No.3 of 2022 on the file of the II Additional Judicial Magistrate of First Class, Madanapalle, Chittoor District, arising out of Cr.No.1031 of 2021 of Madanapalle II Town Police Station, Chittoor District.
A charge sheet has been filed as against the petitioner for the offences punishable under Sections 324 and 302 IPC. The accusation as against the petitioner is that on 15.09.2021 at about 09:30 PM, he stabbed his wife/deceased with a knife, when she cried loudly, the house owner and some other neighbors came and found the deceased dead. The accused left his daughter-LW2 in the house and absconded from the house with the crime weapon. Thereafter, the house owner has informed the brutal murder of the deceased to her elder brother-LW1. On a report given by the brother of the deceased, the present case has been registered as against the accused.
Learned counsel for the petitioner contended that the entire investigation is completed and even charge sheet is also filed. He also submitted that the charge sheet has been numbered as PRC.No.3 of 2022 on the file of the II Additional Judicial Magistrate of First Class, Madanapalle, Chittoor District and was committed to the Sessions Court vide committal order dated 28.03.2022. The petitioner was arrested on 21.09.2021 and since then he is in jail.
Learned Assistant Public Prosecutor contended that earlier a case has been registered against the petitioner for the offence punishable under Section 302 IPC. Pending the said case, the petitioner herein has been shown as an accused in the present case for causing the death of his wife. He also submitted that in respect of the earlier case, a charge sheet has been filed and the same is coming up for trial. Stating so, learned Assistant Public Prosecutor has opposed this bail application.
Heard. Perused the record.
Without going into the merits of the case, this Court finds that the petitioner was arrested on 21.09.2021 and for the past one year, he is in jail. The entire investigation in the case is completed and charge sheet is also filed and the same has been numbered as PRC.No.3 of 2022 on the file of the II Additional Judicial Magistrate of First Class, Madanapalle, Chittoor District.
In view of the aforesaid facts and circumstances of the case, this Court is inclined to grant bail to the petitioner.
Accordingly, the Criminal Petition is allowed and the petitioner shall be released on bail on furnishing a personal bond for Rs.10,000/- [Rupees Ten Thousands only] with two sureties for the like sum each to the satisfaction of the II Additional Judicial Magistrate of First Class, Madanapalle, Chittoor District.
