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2021 DIGILAW 461 (AP)

Durgammagari Kartkik v. State of Andhra Pradesh

2021-07-23

LALITHA KANNEGANTI

body2021
JUDGMENT Lalitha Kanneganti, J. - This petition is filed under Sections 437 and 439 of Code of the Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking regular bail to the petitioners/A-1 to A-8 in connection with Crime No.65 of 2021 of Poddatur II Town Police Station, YSR Kadapa District for the offence punishable under Sections 147, 148, 324, 307 and 302 r/w 34 of the Indian Penal Code, 1860 (for short 'IPC'). 2. The case of prosecution is that on 21.04.2021 the de facto complainant who is mother of the deceased lodged a report before the police stating that on 21.04.2021 at about 7.45 PM near Peddaguntha, Sanjeeva Nagar Street, Proddatur Town, A-1 along with his associate Bhuvanendra, his maternal uncle Shiva, Venkatesh,Srinivasulu, mother and grandmother of A-1 surrounded the deceased-Pujari Karthik, threatened him with dire consequences. A-2 caught the deceased firmly, A-1 beat the deceased with empty beer bottle and on seeing the said incident, when one Kothapalli Palagiri Sagar intervened, A-1 also beat Sagar with beer bottle on the left side of his head and caused bleeding injury. Then A-2 to A-7 caught the deceased firmly, A-1 attempted to stab the deceased with a knife, Sagar went to rescue the deceased, then A-1 stabbed Sagar on his right armpit and caused bleeding injury and A-1 stabbed the deceased with a knife below the left side of his chest and caused bleeding injury and later all the accused beat the deceased with hands and legs indiscriminately and went away from the scene. The deceased was shifted to Government Hospital, Proddatur at 8.25 PM where the medical officer examined and declared that the deceased died due to the injuries caused to him. Basing on the report of de facto complainant, the present crime was registered. 3. Heard Sri B.V.Anjaneyulu, learned counsel for the petitioners/ A-1 to A-8 and learned Assistant Public Prosecutor for the respondent-State. 4. Learned counsel for petitioners submits that the petitioners were arrested on 27.04.2021 and since then they have been languishing in jail. All the petitioners are from one family and friends, they have been falsely implicated in this case and though 87 days passed by, police have not filed any charge sheet. Hence, their case may be considered for grant of bail. 5. Learned Assistant Public Prosecutor on the other hand submits that entire investigation is completed and they are about to file charge sheet. 6. Hence, their case may be considered for grant of bail. 5. Learned Assistant Public Prosecutor on the other hand submits that entire investigation is completed and they are about to file charge sheet. 6. Taking into consideration the fact that the petitioners are languishing in jail from 27.04.2021 and as the entire investigation is completed, this Court deems it appropriate to grant bail to the petitioners, however, on certain conditions. 7. Accordingly, this Criminal Petition is allowed. The petitioners/ A-1 to A-8 shall be enlarged on bail in Crime No.65 of 2021 of Poddatur II Town Police Station, YSR Kadapa District on execution of self bonds for Rs.20,000/- (Rupees twenty thousand only) each with two sureties for a like sum each to the satisfaction of the Court of the First Additional Judicial First Class Magistrate, Proddatur, Kadapa District. On such release, the petitioners shall appear before the Station House Officer, Poddatur II Town Police Station, YSR Kadapa District once in a week i.e. on every Saturday between 10.00 AM and 1.00 PM till filing of charge sheet. 8. Consequently, miscellaneous applications pending, if any, shall stand closed.