Jattengula Koteswari Jatagi Lakshmi Koteswari v. Station House Officer
2020-08-10
CHEEKATI MANAVENDRANATH ROY
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DigiLaw.ai
JUDGMENT Cheekati Manavendranath Roy, J. - This petition is filed under Section 438 of the Code of Criminal Procedure, 1973 to enlarge the petitioners on bail in the event of their arrest. 2. The petitioners are A-3 and A-4 in Crime No.13 of 2020 of Macherla Rural Police Station, Guntur District. 3. The alleged offences against them are under Sections 147, 148, 442, 307, 509 r/w 149 of the Indian Penal Code, 1860 (for short "I.P.C."). 4. Briefly stated, it is the case of the prosecution that on 05-02-2020, the petitioners went to the house of de facto complainant and abused him and when they questioned, the petitioners have sprinkled chilly powder in the eyes of wife and daughter-in-law of the de facto complainant and thereafter A-1, A3 and A-5 attacked the de facto complainant with an axe and caused injuries on his head and arm and thereby attempted to kill him. Therefore, the petitioners along with other accused have committed the aforesaid offences. 5. Heard learned counsel for the petitioners and the learned Additional Public Prosecutor. 6. The allegation of attacking the de facto complainant with an axe and causing injuries to him and thereby attempting to kill him, is on A-1, A-3 and A-5. The allegation against these petitioners, who are A-3 and A-4, is only that they have sprinkled the chilly powder in the eyes of the wife and daughter- in-law of the de facto complainant and thereafter the de facto complainant was attacked. Even though, there is no specific overt act attributed against these petitioners regarding attacking the de facto complainant to hold them liable for the offence punishable under Section 307 of I.P.C., in view of the fact that clear overt acts are attributed against these petitioners regarding sprinkling of chilly powder in the eyes of the other victims, who are the wife and daughter-in-law of the de facto complainant and having regard to the said specific overt acts against the petitioners herein, this Court is of the considered view that it is not a fit case for grant of anticipatory bail to the petitioners. 7. Therefore, the Criminal Petition is dismissed.
7. Therefore, the Criminal Petition is dismissed. However, having regard to the fact that the petitioners herein are women and as the only allegation against them is that they have sprinkled chilly powder in the eyes of wife and daughter-in-law of the de facto complainant and thereby facilitated the other accused to attack the de facto complainant and as the offences made out against these petitioners are all punishable with less than seven (07) years period of imprisonment, the Investigation Officer is directed to follow the procedure contemplated under Section 41-A Cr.P.C and the guidelines prescribed by the Hon'ble Apex Court in Arnesh Kumar v. State of Bihar and another, (2014) 8 SCC 273 case.