Research › Search › Judgment

Andhra High Court · body

2020 DIGILAW 441 (AP)

Kathalasabgari Basheerun Basheerun Bi v. State Of Andhra Pradesh

2020-07-06

LALITHA KANNEGANTI

body2020
JUDGMENT Lalitha Kanneganti, J. - This petition is filed under Section 439 of Cr.P.C seeking regular bail to the petitioners/A-1 to A-4 in connection with Crime No.128 of 2020 on the file of Khajipeta Police Station, Kadapa District, which was registered for the offences punishable under Sections 302, 307 r/w 34 IPC. 2. The complaint reveals that the family of defacto complainant is having Ac.8.50 cents of land in Chemarlapalli village and adjacent to it, the petitioners are having Ac.4.00 cents of land and a dispute took place about 5 years back with regard to neem tree near their houses. On 10.05.2020 when both the families were clearing their respective lands and when the 3rd petitioner tried to cut a tree on the ridge of the complainant's field, the deceased objected stating that it is in his fields and due to which an altercation took place in which, A-1 and A-2 attacked the deceased with sticks and A-3 and A-4 hacked him with knives. It is further alleged that A-3 and A-4 also tried to attack the defacto complainant with sticks, but he escaped and while shifting to the hospital, the deceased died. 3. Heard Sri M.Jayaram Reddy, learned counsel for the petitioners and the Public Prosecutor appearing on behalf of respondent / State. 4. Learned counsel for the petitioners submits that the petitioners are innocent and there is no motive for the petitioners to kill the deceased and the incident is only due to sudden rage in altercation. He further submits that specific overt acts are attributed only to A-3 and the allegations against the remaining accused is superfluous and does not attract the provisions of Section 302 IPC and even the ingredients of Section 307 IPC are not attracted to A-3 and A-4. Learned counsel further submits that entire investigation in this case is completed except filing of charge sheet. Hence the petitioners may be enlarged on bail. 5. Per contra, learned Public Prosecutor appearing on behalf of the respondent submits that this is case of murder and the offences are under Section 302, 307 r/w 34 IPC. There are grave allegations against the petitioners. If the petitioners are enlarged on bail there is every likelihood of threatening the witnesses by the petitioners and hence sought for dismissal of the petition. 6. There are grave allegations against the petitioners. If the petitioners are enlarged on bail there is every likelihood of threatening the witnesses by the petitioners and hence sought for dismissal of the petition. 6. A perusal of the remand report clearly reveals that when A-1 and A-2 poked the deceased with sticks on his flanks, he bent down and immediately A-1 and A-2 caught hold of his legs and hands and A-3 hacked the deceased with a knife on his neck causing a big bleeding injury. When A-4 hacked the deceased with a knife on his face, the deceased raised his hand to ward off the blow and sustained bleeding cut injury on his left palm and fell unconscious. Then all the accused chased the defacto complainant to kill him and he ran into nearby sugarcane garden and hide himself. The motive for the incident appears to be existing land disputes between the deceased and accused. As there are clear allegations against all the accused of committing the brutal murder, this Court is not inclined to enlarge petitioners on bail. 7. In the result, the petition is dismissed. As a sequel, all the pending miscellaneous applications are closed.