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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 petitioners/Accused Nos.1 to 3 & 6 in Crime No.121 of 2022 of Nellore Rural Police Station, SPSR Nellore District, registered for the offence punishable under Section 395 of Indian Penal Code, 1908 (‘IPC’ in short).
The case of the prosecution, in brief, is that on 09.05.2022 at 16.40 hours, the de facto complainant was proceedings to Sri Chaitanya Junior College, Vaviletipadu Branch with cash bag containing Rs.3,00,000/- on his motorcycle, to pay salaries to the staff of the said Branch and when he reached the house of Madhureddy, the building owner of Sri Chaitanya College, three unknown culprits came across the bike of the de facto complainant and pulled the cash bag, when the de facto complainant resisted, one among the culprits stabbed him with a knife over his head, on his both hands, on his back and on his left knee, causing bleeding injuries and snatched the cash bag and fled away. Hence, the above crime was registered initially under Section 394 of IPC and later it was altered to Section 395 of IPC.
Heard Sri Sivaprasad Reddy Venati, learned Counsel for the petitioners and Sri Soora Venkata Sainath, learned Special Assistant Public Prosecutor for the respondent-State.
Learned counsel for the petitioners, in elaboration to what has been raised in the grounds, contended that except omnibus allegations there are no specific allegations against the petitioners.
It is also stated that the petitioners have approached the Sessions Court by filing Criminal Miscellaneous Petition Nos.791 and 1000 of 2022, seeking bail. But, the said petitions were dismissed on 02.06.2022 and 04.06.2022, respectively, on the ground that investigation is yet to be completed.
Learned counsel for the petitioners submitted that the petitioners are languishing in jail since 90 days and hence statutory period of investigation is already completed. Hence, on that ground, prayed to consider the bail application.
Learned Special Assistant Public Prosecutor fairly conceded that the statutory period of investigation is already lapsed. However, requested this Court to impose certain conditions so that the petitioners will cooperate with the investigation.
Taking submissions of both the counsel into consideration, this Court is inclined to grant bail to the petitioners, however by duly taking the apprehensions of the learned Special Assistant Public Prosecutor into consideration, on the following conditions:
(i) The petitioners shall be released on bail on their executing self bond for Rs.25,000/- (Rupees twenty five thousand only) each with two sureties each for a like sum each to the satisfaction of the learned IV Additional Judicial Magistrate of First Class, Nellore, SPSR Nellore District;
(ii) The petitioners shall appear before the Station House Officer, Nellore Rural Police Station, SPSR Nellore District, once in a week i.e. on every Sunday between 10.00 a.m. and 04.00 p.m., till filing of the charge sheet and apart from that the petitioners shall appear before the Investigation Officer, as and when he is summoned for investigation purpose; and
(iii) The petitioners shall not directly or indirectly contact or threaten the de facto 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 investigation.
Further, the petitioners shall scrupulously comply with the above conditions and breach of any of the above conditions will be viewed seriously and prosecution is at liberty to move an application for cancellation of the bail.
It is made clear that this order does not, in any manner, limit or restrict the rights of the Police or the investigating agency from further investigation as per law and the findings in this order be construed as expression of opinion only for the limited purpose of considering the bail in the above crime and shall not have any bearing in any other proceedings.
Accordingly, the Criminal Petition is allowed.
Miscellaneous applications, pending if any, shall stand closed.