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2021 DIGILAW 532 (AP)

Seekili Hari Krishna v. State of Andhra Pradesh

2021-08-11

LALITHA KANNEGANTI

body2021
JUDGMENT Lalitha Kanneganti, J. - This petition is filed under Sections 437 and 439 of Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking regular bail to the petitioner/A-2 in connection with Crime No.56 of 2021 registered by Gangavaram Police Station, Gangavaram for the offences punishable under Sections 304-II, 308 IPC and under Section 25 (1B) and under Section 27 of Arms Act, Section 4 and 5 of Explosive Substances Act and under Section 20 (1) ( C) of A.P. Forest Act. 2. Heard Ms.Parnineeta, learned counsel for the petitioner and the learned Public Prosecutor for the respondent-State. 3. The case of prosecution is that on 06.4.2021 at about 2.30 p.m., all the accused including the petitioner (A2) and the deceased by name G. Sravan Kumar went to Peddinayani Kunta situated at Eastern side forest area near Chinnamanayanipalle Village for hunting animals with a country made gun, having knowledge that their act may endanger human life and animals. While so, the country made gun was fired accidentally, as a result the deceased sustained gunshot injury, by which act, the gun powder and the pellets went through the neck of the deceased from left side to right side of the ear, as a result, he died on the spot and the petitioner herein also sustained bleeding injury to his right thigh due to the said gunshot and that he was shifted to Area Hospital, Palamaner for treatment. Basing on the report given by the father of the deceased, a case was registered in Cr.No.56 of 2021 for the above said offences. 3. Learned counsel for the petitioner submits that the petitioner was arrested on 10.6.2021, since then he is in jail and that no role was attributed to the petitioner and that the other accused Nos.3 and 4 were already granted statutory bail as the police have not filed the charge sheet. He further submits that the petitioner is only 21 years old and he is not a habitual offender. Hence, his case may be considered for grant of bail. 4. XXX XXX XXX 5. On the other hand, the learned Additional Public Prosecutor also submits that the investigation is completed. 6. He further submits that the petitioner is only 21 years old and he is not a habitual offender. Hence, his case may be considered for grant of bail. 4. XXX XXX XXX 5. On the other hand, the learned Additional Public Prosecutor also submits that the investigation is completed. 6. Taking into consideration of the fact that the petitioner is languishing in jail from the last 62 days and that since A3 and A4 were already enlarged on bail, this Court deems it appropriate to grant bail to the petitioner. 7. Accordingly, this Criminal Petition is allowed. The petitioner/A-2 shall be enlarged on bail in Crime No.56 of 2021 registered by Gangavaram Police Station, Gangavaram on execution of self bond for Rs.20,000/- (Rupees Twenty Thousand only) with two sureties for a like sum each to the satisfaction of the Court of the Judicial First Class Magistrate, Palamaner. The petitioner/accused shall cooperate with the trial. 8. Consequently, miscellaneous applications pending, if any, shall stand closed.